Photo: Bahnfrend, Wikimedia Commons, CC BY-SA 4.0WIBA insurance in Kenya (WIBA Act 2007)
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Who is covered
- All employees, including government employees, except the armed forces (s.3).
- Anyone employed for wages under a contract of service, written or oral, including apprentices and indentured learners (s.5).
- Not covered: casual workers employed other than for the employer's trade or business, people employed outside Kenya, and family members living in the employer's house and not employed.
- Workers temporarily sent abroad remain covered unless the posting lasts, or is expected to last, 12 months or more (s.11).
Source: WIBA 2007.
What employers must do
| Duty | Rule |
|---|---|
| Insure | Obtain and maintain an insurance policy with an approved insurer (s.7) — or lodge an approved security |
| Register | Register with the Director and report changes within 30 days (s.8) |
| Records | Keep an earnings register for at least 6 years (s.9) |
| First aid and transport | Provide first aid (s.45) and transport to hospital (s.46) |
| Medical costs | Pay medical, dental, surgical, nursing, medicine, travel and prosthetics costs (s.47) — never recovered from the employee (s.50) |
| Matatus and buses | NTSA requires WIBA compliance to license a public service vehicle (PSV Regulations) |
WIBA only answers for accidents in the course of employment. Some insurers sell WIBA Plus, which adds group personal accident cover so staff are also insured off duty: see WIBA vs WIBA Plus for what Madison, Sanlam Allianz and GA say their products cover.
After an accident: reporting deadlines
| Event | Deadline | Rule |
|---|---|---|
| Fatal accident | 24 hours to the Director, by the fastest means, then DOSH 1 within 7 days | s.21 |
| Any accident | Employer reports to the Director within 7 days | s.22 |
| Claim documents | Employer forwards them within 7 days | s.24(2) |
| Occupational disease | Reported within 14 days | s.41 |
| Medical report | Doctor sends it within 14 days | s.48 |
| Claim | Within 12 months of the accident or death | s.26 |
The report is made on DOSH 1 (employer, employee, accident and earnings details; the doctor states the percentage of incapacity). Non-fatal cases: 3 copies; fatal cases: 2 copies with the death certificate (DOSH 1 form; Ministry of Labour FAQ).
The county DOSHS office investigates; once the claim is paid a WIBA 7 payment certificate closes the file. If the employer has no WIBA cover, it is held responsible (DOSHMIS).
How compensation is calculated
| Situation | Compensation | Rule |
|---|---|---|
| Temporary disablement (3 days or more) | Periodical payments equal to earnings, within the Minister's minimum and maximum, for up to 12 months — not while on full pay | s.28 |
| Permanent disablement | 96 months' earnings × the percentage in the First Schedule (e.g. 100% total loss of sight, 60% a hand at the wrist, 30% one eye) | s.30 |
| Death | Paid to dependants under the Third Schedule, within the Minister's limits; plus reasonable funeral expenses | s.34 |
| Constant attendance | An allowance where the worker needs constant help | s.15 |
Earnings include rations and housing, regular allowances and regular overtime; weekly pay is converted at 4⅓ weeks a month (s.37). Compensation cannot be assigned or seized and does not form part of the estate (ss.19–20). Wilful misconduct only bars compensation where there is no serious disablement (40% or more) or death (s.10). Source: WIBA consolidated to 2022.
Payment, objections and appeals
- The employer or insurer must settle within 90 days of the claim; the Director pays the claimant within 30 days; failure to pay: up to KES 500,000 or 1 year (s.26).
- Object to the Director's decision within 60 days on form DOSH/WIBA/12 — also possible online (s.51; form).
- The Director replies within 14 days; you can then appeal within 30 days to the Employment and Labour Relations Court (s.52).
- You cannot sue your employer for damages instead: WIBA is the route (s.16) — but you may sue a third party who caused the injury (s.17).
In 2019 the Supreme Court upheld sections 16, 23 and 52(1) of WIBA and confirmed that appeals go to the Employment and Labour Relations Court (Petition 4 of 2019).
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Frequently asked questions
Is WIBA insurance compulsory in Kenya?
Yes. Section 7 of the Work Injury Benefits Act requires every employer to obtain and maintain an insurance policy with an approved insurer.
How is WIBA compensation calculated for permanent disablement?
96 months' earnings multiplied by the percentage of disablement in the First Schedule of WIBA (s.30).
What is the deadline to report a work accident in Kenya?
7 days for the employer's report on DOSH 1 (s.22); a fatal accident within 24 hours (s.21).
How long does an insurer have to pay a WIBA claim?
90 days from the claim being lodged; the Director then pays the claimant within 30 days (s.26).
Are casual workers covered by WIBA?
Casual workers employed other than for the purposes of the employer's trade or business are excluded (s.5); other workers under a contract of service, written or oral, are covered.
What is WIBA Plus?
An optional insurer product: the compulsory WIBA policy combined with group personal accident cover, so employees are also covered off duty, 24 hours a day. See WIBA and WIBA Plus.
Can I sue my employer instead of claiming under WIBA?
No — section 16 makes WIBA the route, a rule the Supreme Court upheld in 2019. You can still sue a third party who caused the injury (s.17).
Sources
- Work Injury Benefits Act, 2007 — Ministry of Labour
- Work Injury Benefits Act, 2007 (consolidated to 31 Dec 2022) — Kenya Law (archived copy)
- Ministry of Labour — DOSH 1 accident notification form (2018)
- Ministry of Labour — form of objection / appeal DOSH/WIBA/12
- DOSHMIS — WIBA processing
- DOSHMIS — WIBA objection online
- Ministry of Labour — FAQs
- Supreme Court of Kenya, Petition 4 of 2019, LSK v Attorney General (3 December 2019) — Kenya Law (archived copy)
- NTSA (Operation of Public Service Vehicles) Regulations, 2014 — Kenya Law (archived copy)