The Kenyan government is being taken to court over alleged non-payment of more than Sh20 billion in insurance benefits owed to families of deceased or disabled public servants, including teachers and police officers.

The lawsuit was filed at the High Court in Nairobi by John Gitonga, who claims that successive governments failed to provide mandatory insurance coverage and settle death, disability, and work injury claims for hundreds of thousands of civil servants. This, he argues, has denied beneficiaries their legally guaranteed entitlements.

Parties Named in the Suit

  • Treasury
  • Social Health Authority (SHA)
  • Insurance Regulatory Authority (IRA)
  • Public Service Superannuation Fund (PSSF)
  • Public Service Commission
  • Teachers Service Commission (TSC)
  • Judicial Service Commission
  • National Police Service Commission
  • Attorney-General
  • National Assembly
  • Several insurance firms

Allegations and Claims

Mr Gitonga estimates the unpaid liabilities as follows:

  • Sh8.4 billion owed to civil servants
  • Sh3 billion owed to police and prison officers
  • At least Sh10 billion owed to teachers

The petitioner contends that the government unlawfully operated a self-insurance scheme without a valid licence, violating the Insurance Act. He further alleges that the administration of these schemes was transferred to the National Hospital Insurance Fund (NHIF) and later to SHA without proper legal authority.

Relief Sought

The lawsuit seeks declarations that the current insurance arrangements are unconstitutional, demands payment of outstanding claims, calls for forensic audits, and requests accountability orders against responsible public officials.

Mr Gitonga was prompted to file the case after the death of his sister, a Teachers Service Commission employee, whose children reportedly did not receive death-in-service, group life, or last-expense benefits.

Insurance Premiums and Outstanding Payments

The petition states that insurance premiums amounting to Sh20.28 billion were due between April 2022 and April 2025. However, only Sh12.59 billion was remitted, leaving Sh7.69 billion unpaid. Additionally, police and prison service insurance premiums totalling Sh10.67 billion remain outstanding.

As of now, the government and other respondents have not submitted their responses in court.