The government has been sued in the High Court in Nairobi for allegedly failing to pay over Sh20 billion in insurance compensation to families of public servants who died or were injured on duty.
The case was filed by John Gitonga who claims the government has violated the law by failing to provide mandatory insurance and pay compensation for work-related deaths and injuries. Those sued include the Ministry of Finance, the Social Health Authority, the Insurance Regulatory Authority and the Public Service Superannuation Fund.
Gitonga estimates the government owes Sh8.4 billion for public servants, Sh3 billion for police and prisons staff and at least Sh10 billion for teachers. He says the claims arise from occupational accident insurance and compensation under the Work Injury Benefits Act.
In his affidavit Gitonga says he went to court after his sister, a Teachers Service Commission employee, died on duty and her children were not paid insurance benefits. He wants the court to declare the scheme unconstitutional and order payment of all outstanding claims.