The government has been sued over more than Sh20 billion in unpaid insurance benefits allegedly owed to families of deceased or disabled public servants, including teachers and police officers.
A petition filed at the High Court in Nairobi by John Gitonga claims successive administrations failed to provide mandatory insurance cover and settle death, disability and work injury claims for hundreds of thousands of civil servants, denying beneficiaries entitlements guaranteed by law.
The suit names the 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 and several insurers.
Mr Gitonga estimates outstanding liabilities at Sh8.4 billion for civil servants, Sh3 billion for police and prison officers, and at least Sh10 billion for teachers.
He argues the government unlawfully operated a self-insurance scheme without an insurance licence, contrary to the Insurance Act, and later transferred administration of the schemes to NHIF and subsequently SHA without legal authority.
The petitioner is seeking declarations that the arrangements are unconstitutional, payment of outstanding claims, forensic audits and accountability orders against public officials.
Mr Gitonga says he filed the case after his sister, a TSC employee, died in service and her children allegedly failed to receive death-in-service, group life and last-expense benefits.
According to the petition, public servants’ insurance premiums worth Sh20.28 billion fell due between April 2022 and April 2025, but only Sh12.59 billion was remitted, leaving Sh7.69 billion unpaid.
It also claims police and prison service insurance premiums outstanding amount to Sh10.67 billion. The government and the other respondents are yet to file their responses in court.
