By The Weekly Vision Reporter
The Police Reforms Task Force, which was chaired by retired Chief Justice David Maraga, released its final report sometime last year in which it accused the leadership of the National Police Service Commission (NPSC) of having completely neglected to carry out its role as an employer. The report also accused the NPSC of having failed to provide humane working conditions and adequate remuneration for its employees.
NPSC is headed by David Kinuthia as the chairman, and Peter Leley serves as the CEO/Commission’s secretary. The report also accused the National Police Service (NPSC) leadership of persistently trying to infringe on the task force’s responsibilities, consequently intensifying the problems it was meant to resolve. The task force was appointed by President William Ruto to review the operations within the National Police Service, the Kenya Prisons Service, and the National Youth Service.
Shockingly, the NPSC has turned a blind eye to their rightful compensation under the Work Injury Benefits Act (WIBA), leaving the officers who valiantly put themselves in harm’s way to safeguard lives and properties to bear the burden alone. For instance, The Weekly Vision has learned that the NPSC awarded a contract for the provision of Group Life Cover and Work Injury Benefits Act (WIBA) and Group Personal Accident Cover (GPA) for the National Police Service and Kenya Prisons Service officers to a local insurance company at an annual premium of Ksh. 5,082,499,671.
According to the contract, upon the death of a member, the member’s declared next of kin shall be paid a lump sum compensation of five annual basic salaries. However, as of November 2023, the insurance company had not paid Ksh. 220,138,900 in respect of the group life sum assured, contrary to the contract terms, which state that claims shall be paid within 5 days after notification and the provision of all documentation.
According to the tender documents, the insurance covers 141,961 officers, with the National Police Service having 109,557 officers and Kenya Prisons having 32,404. The tender period was from January 1, 2023, to December 31, 2023, under Group Personal Accident (GPA). The contract provides that where a member is out of work as a result of an injury arising out of an accident or as a result of illness, such members shall be entitled to compensation for loss of gross salary up to a maximum period of 2 years.
Available insurance records show that by November 2023, the company had a backlog of 312 officers with unpaid injury GPA claims, despite having been notified. Further, the contract provides that permanent total disability under Group Personal Accident (GPA) shall be compensated at a rate of 5 years basic salary multiplied by the percentage awarded, but as of November 2023, the company had not processed 4 claims amounting to Ksh. 1,405,800 under fatal GPA. 239.
Further, the contract provides that death under WIBA or as a result of an occupational accident shall be compensated at a rate of 8 years of gross salary for the beneficiary. However, a review of records revealed that from January 2023 up to November 2023, the company had not processed WIBA deaths for 14 members. Investigations further reveal that the National Police Service entered into a 6-month contract for the provision of enhanced comprehensive group life cover for the National Police Service and Kenya Prisons Service with the National Hospital Insurance Fund (NHIF) for the period between July 1, 2022, and December 31, 2022.
The insurance cover was intended to cover principal members and dependents if in employment at the commencement of the cover. The total agreed premium was Ksh. 2,295,594,440, covering 133,644 officers.
According to the contract, NHIF shall, upon written notification of the death of a member or dependent while the cover is in force, pay to the next of kin or such other person as may, in writing, direct the amount specified for funeral expenses within 3 days, subject to the provision of a duly completed claim form and a copy of the burial permit.
Further, clause 5.3 provides that on the death of a member or dependent, NHIF shall pay the group life benefit specified within 5 days, subject to the provision of a duly completed claim form, the original burial permit, the original death certificate, and a copy of the national identification card or surrender of the identification card.
However, a review of claims for funeral expenses covered in the Comprehensive Group Life Cover revealed that 58 claims of principal members, spouses, and children totaling Ksh.9, 950,000 had been dispatched to NHIF but had not been paid as of November 2022, contrary to the terms of the contract, which state that within 3 days, subject to the provision of a duly completed claim form and a copy of the Burial Permit, they shall pay the next of kin.
