The Ministry of Labour and Social Protection has revealed that it has received compensation claims amounting to Ksh2.2 billion from police officers who were injured while performing their duties, exposing deep-seated challenges in compensating Kenya’s law enforcers for work-related injuries.
Appearing before the Senate Committee on Defence and Foreign Relations, officials from the Directorate of Occupational Safety and Health Services (DOSHS) confirmed that the ministry had received 2,114 accident notifications from the National Police Service (NPS).
“The distribution is as follows: Kenya Police Service (1,512), Administration Police Service (494), and Directorate of Criminal Investigations (108),” said Musa Nyandusi, the Secretary of Occupational Safety and Health.
Nyandusi told Senators that all the notifications had been processed in line with Work Injury Benefits Act (WIBA) administrative procedures. The Directorate, he said, had completed all necessary computations and forwarded them to the relevant police formations for payment processing.
Only 25 Officers Compensated
Despite the Ksh2.2 billion valuation, only 25 out of 2,114 injured officers have received their dues. Data presented before the committee revealed that 14 Kenya Police Service officers, 11 from the Administration Police Service, and none from the DCI had been paid.
That means 1,498 Kenya Police officers, 483 Administration Police officers, and 108 DCI officers are still waiting for compensation, some for years.
The committee, chaired by Isiolo Senator Fatuma Dulo, is probing a petition concerning delayed compensation for injured police officers. Nyandusi explained that DOSHS, in collaboration with the National Police Service, continues to process the claims under the WIBA framework based on verified medical assessments and statutory computation formulas.
He clarified that the Directorate’s role is limited to evaluation and computation, not actual disbursement.
“It is important to note that DOSHS does not undertake claim settlement,” he said. “The Directorate is limited to assessment, computation, and issuance of a certificate of payment upon confirmation of settled claims.”
Treasury-Funded Compensation Scheme
Nyandusi told the committee that the government established a compensation scheme in January 2021, fully funded by the National Treasury, to handle monetary settlements for the injured officers. But this process has been slow because of coordination challenges between agencies.
He said that despite repeated requests, the National Health Insurance Fund, now replaced by the Social Health Insurance Authority, had not shared information about compensation settlements arrived at under the WIBA framework.
“Despite a formal request, the National Health Insurance Fund never shared with us any returns on the compensations settled under the Work Injury Benefits Act, 2007, as per our letter dated January 16, 2025,” Nyandusi said.
Weak Enforcement and Legal Gaps
The committee heard that the WIBA Act of 2007 has limited enforcement powers, leaving DOSHS unable to compel non-compliant employers to pay injured workers promptly.
“The WIBA Act lacks clear and effective provisions empowering officers of the Directorate to prosecute non-compliant employers or institutions,” Nyandusi said.
“This weak enforcement capacity undermines accountability and leads to chronic delays in compensating injured officers.”
NHIF Disputes and Unauthorized Medical Exams
Injured officers have faced further frustration due to disputes involving the defunct NHIF, which has reportedly challenged DOSHS’s computed awards and subjected officers to unauthorized second medical examinations.
“These actions contravene the law, undermine the authority of DOSHS, and inordinately delay the finalization of compensation,” Nyandusi told the lawmakers. “As a result, many officers continue to suffer without timely redress despite their injuries having been duly assessed and computed.”
The delays have left many injured officers struggling without financial support, even as they endure long-term physical and psychological effects from duty-related injuries.
Push for a New Compensation System
Nyandusi acknowledged that the current employer-liability structure under WIBA has become unsustainable, not just for the police service but for workers across all sectors. The system’s dependence on individual employers to settle claims, he said, leads to prolonged delays, inconsistent payments, and poor post-injury support.
To resolve these systemic flaws, Nyandusi said the government is developing a new legal framework under the Workers’ Injury Compensation Fund Bill, 2024.
“The proposed Bill offers comprehensive and sustainable solutions by establishing a central fund for employers and public institutions to ensure timely and guaranteed compensation for all injured workers,” he said.
The new Bill seeks to establish a national compensation fund that ensures timely compensation with rehabilitation and reintegration programs, providing opportunities for restoration of dignity, well-being, and productivity among injured workers, including those serving in high-risk sectors like the police.
If adopted, this could be a game-changer in the Kenyan landscape of labor protection, where officers injured in the process of serving the citizens finally get their due share of justice and support.
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