Cops injured at work mull going to court to seek payout

Police officers injured while at work but whose compensation has delayed are now contemplating to go to court.

The officers, who days ago recounted their frustrations while pursuing their payouts, say they have been left with no option but to come together and challenge their employer, the National Police Service Commission, and related state agencies in court.

The Work Injury Benefits Act (WIBA) governs how an employee injured while on official duty is compensated and the role of the employer in the whole process.

The law requires that an injured worker reports to a director of the occupation, safety and health department who does the assessment of the injuries and the amount of payout due to the worker.

The almost 1,000 officers say they have done all the paperwork and assessment required for them to receive their dues, but they have waited for years and no penny yet.

Majority of them blame the NHIF but the entity has defended itself saying the government engaged it to give three-part insurance to the police for two years starting 2021. The contract expired in December 2022.

The cover entailed general life insurance, last expense and injury compensation.

During the pendency of the cover, NHIF acting CEO Samson Kuhora had told the Star they received thousands of names, had assessments done and have since paid Sh6 billion to officers.

However, another slate of approvals for payment had been forwarded to the Treasury.

NHIF says it does not have a coin for officers with complains dating as back as 2019 and earlier.

But for the officers, the government's back and forth and the bureaucratic logjam only means more anguish, struggling with medical bills and poverty amid low pay and high cost of living.

The Star has withheld their real names at their request to protect their jobs.

Officer John Kipkirui*, who got injured when he did night foot patrol, fell head first and got his jaws dislocated, told the Star that some affected officers are planning to turn to the Judiciary to try get their pain relieved.

“So far, we are 12 of us willing to join hands and pursue our rights,” he said.

Abdullahi Ahmed* was injured when he tripped and fell in a manhole during a night foot patrol and broke his knee, making his leg stiff and weak. 

He said they will resort to all means practicable as long as it is within the law.

“I hope the big bosses feel our pain. We have done nothing wrong in speaking to you [the media], and in seeking our rights. Some of us are graduates who understand the law and will not sit waiting for mercies yet it is our rights,” he said.

They have formed a WhatsApp group to coordinate their activities and decide on which advocate will be willing to the take fight to their employer’s doorstep.

Besides the courts, some of the cops are exploring if their local politicians can lobby their way to compensation. 

Should the officers make the decision to stage a fight with their employers, it will not be the first time the National Police Service Commission has been dragged to court by its employees.

One of the fights related to graduate officers who wanted the commission to develop a regime that recognised their academic progression and have it reflected on their remuneration, promotion and status.

In 2022, the officers won the fight with the court holding that the arbitrary slashing of the salaries and demotion from job group J to F was irregular and unlawful.

In the decision, the judge said the officers were rightly and legitimately hired as graduate constables.

“The decision was arbitrary, unreasonable, unlawful and a blatant violation of the accrued rights of the applicants from the date of their recruitment to that when they were demoted for no good cause and their remuneration reduced to their great loss and detriment,” the judge said.