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{
    "id": 404832,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/404832/?format=api",
    "text_counter": 200,
    "type": "speech",
    "speaker_name": "Hon. Gaicuhie",
    "speaker_title": "",
    "speaker": {
        "id": 17,
        "legal_name": "Nelson Ributhi Gaichuhie",
        "slug": "nelson-gaichuhie"
    },
    "content": "comprehensively, it is a requirement that you have to insure it on third party risk. We find that so many accidents that happen in this country are actually caused by people who have insured on third party. Currently, when one is injured or maybe in a worst case scenario dies, the judges will award compensation ranging at times from Kshs600,000 to even Kshs300,000 and we do not have any discretion. But this Bill is now trying to quantify how much one can be paid in case of an accident. If you lose your arm or any part of your body, there is a certain amount that has been allocated pegged on the Kshs3 million figure which is still disputed because the industry feels that, that amount of money is high while others feel that it is low. So, it is up to this House to decide on the figure that is best after consultation. However, the good thing about the Bill is that people will now know how much they expect when they are injured. The Bill further says that in case of an injury that has not been quantified or an injury that has not been stated well in the Bill, the Cabinet Secretary in charge can consult the Director of m Medical Services for him to give an analysis of the kind of injury and the compensation that should be given. If you look at the compensation range, you will find that it is a percentage and the Committee feels that we should consult further and have it specifically stated instead of having a range of between 30 and 40 or 20 and 10. So, we want to consult further and have an amendment to have a specific percentage so that people can know the compensation that they expect. The only challenge we find with this kind of quantified rate is that we might have increased ambulance chasers. Any time there is an accident, you will find even a vehicle that carries a maximum of 14 passengers, 20 or 30 passengers claiming that they were in the same vehicle. So, the Government should come up with a way of curbing ambulance chasers who have caused many insurance companies to go under. This is because when you have 30 or 40 people claiming from a vehicle that was insured to carry only 14 passenger, the insurance industry gets affected. Since these claimants come at different times, they cannot be sent away. I think this is a very good Bill. With simple amendments which hon. Members can move, this is a Bill that we should pass to ensure that insurance companies pay the claims. Hon. Temporary Deputy Speaker, the Bill also shortens the time of paying a claim. This is because we already know how much is required. In the other Act, we reduced the book period time from 120 to 90 days. This means that people will be compensated quickly. It has also been tested in other countries. We have gone to other jurisdictions. Swaziland is a success story because they have structured compensation. It was also tried in the US but it has succeeded partially. I think it is also good that we try it in Kenya. We hope that if well documented and strict measures taken, it will succeed in this country. I believe that this is a Bill that we should pass urgently to ensure that people know the amount of compensation they should get from insurance companies. Hon. Temporary Deputy Speaker, with those very few remarks, I wish to second the Bill. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}