13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, I beg to reply. (a) The Ministry of Finance had already paid injury compensation of Kshs234,488 to Abdi Kabicha Abakuna and Kshs234,488 to Yusuf Dabasa Abajilia. They were paid on 6th December, 2010 and 8th December 2010 to their bank accounts respectively. In view of the answer to (a) part (b) does not arise.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, the basis is very clear. This payment was made under the Group Personal Accident Policy and under the Civil Servants Code of Regulations. The injured person is paid a percentage of the total injury. The medical board that was constituted by the Director of Medical Services assessed their permanent injuries at 30 per cent. So, the calculation is very simple. It is 30 per cent of their basic pay which was 12,000 for 60 months; that was how we arrived at the figure.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, you realize that the Ministry of Finance is simply the underwriter. We must be informed by the employer; the employer in this case was the Office of the President, which referred to us this case on 23rd March 2010; that was after two years. So, you can say that the Ministry of Finance really worked very hard because it took them less than eight months to pay. So, really the mistake was of the employer, which took too long before advising the Treasury.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, we have observed a very sad behaviour where civil servants are making claims under the Group Personal Accident Cover, the Work Injury Benefits Act and also under the Pensions Act.
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13 Mar 2012 in National Assembly:
As a matter of policy, what has been decided is that you can only claim under one benefit. So, for these two Assistant Chiefs - I am sorry for their injury - they claimed under the Group Personal Accident Cover. You cannot be paid under both of them. So, it is for the person to decide. They opted for the Group Personal Accident Cover and that is what they have been paid, and rightly so.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, as I said, we are just simply the paymasters. We are just underwriters. It is the employer who chooses on behalf of employees to claim
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13 Mar 2012 in National Assembly:
under the Group Personal Accident Cover. This is what normally happens. But I can understand from the point of view of the employer. At this time, I think some two law firms had gone to court seeking an injunction to stop the implementation of the Work Injury Benefits Act. I think this is the time it was decided that instead of waiting until the court case was over, they would pay under the Group Personal Accident Cover.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, I have clearly said that at this time, the Law Society of Kenya had gone to court seeking an injunction to stop the implementation of the Work Injury Benefits Act. That case is still there.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, therefore, instead of waiting until the matter was settled, I think we should commend Treasury for opting for a solution to compensate them under the Group Personal Accident Cover. We are saying that you cannot benefit under the three Acts. It is for the person to choose under which Act they want to benefit. If you seek compensation under the Work Injury Benefits Act, there is a rider; it must be while at the place of work. That is when it becomes applicable.
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13 Mar 2012 in National Assembly:
Mr. Speaker, Sir, in my view, the decision taken was the right one because this was not at the place of work.
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