The Parliamentary Service Commission has received the court's nod to continue with its plan to procure a Sh4.4 billion medical insurance cover for MPs.
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Court clears MPs’ Sh4bn medical cover 8 months to polls
The Parliamentary Service Commission has received the court's nod to continue with its plan to procure a Sh4.4 billion medical insurance cover for MPs, even as their term comes to an end in seven months.
While declining to quash the tender as requested by rights activist Okiya Omtatah, the court said it was in the public interest that lawmakers get the medical cover.
Justice Anthony Mrima also directed the PSC to furnish court and Mr Omtatah with an affidavit indicating the amount of premiums payable for the period between January and August 31, 2022.
"The issue of MPs becoming exposed as from January next year is so real, if the court grants the conservatory order. MPs stand to suffer real danger. Public interest tilts in favour of the PSC," said Justice Mrima.
Mr Omtatah's opposition to the tender is based on grounds that the intended medical insurance cover is for a period of two years, with effect from January 2022.
Waste of public funds
He told court that the tender would be a waste of public funds, given that the legislators will only benefit for seven months before their term expires.
He was aggrieved that the PSC wants to commit taxpayers to a two-year contract in circumstances where the current MPs and their dependents will only enjoy the cover for seven months and nine days. The term of the current MPs ends on August 9, 2022.
The commission invited bids whose deadline was October 18, for provision of medical cover for 418 lawmakers, two PSC commissioners and their immediate dependents (one spouse and a maximum of five children).
The entitlement per family per year is Sh10.6 million (inpatient Sh10 million, Sh300,000 for outpatient, Sh150,000 for maternity, Sh100,000 dental and Sh100,000 for optical).
The scheme also covers overseas treatment and evacuation abroad for treatment by use of business class air ticket for the patient and an economy class ticket for the accompanying person.
In the court papers, Mr Omtatah says since the outcome of the elections is unknown, it makes no sense to pay two-year premiums for all MPs, yet some will not be re-elected.
Dependants
He also has a problem with the fact that the medical cover sought by the PSC limits the number of the lawmakers’ immediate dependants.
He says it is not possible to predetermine the family members (the spouses and children) of the new MPs who will be elected on August 9, and who will be eligible for the cover.
“There is no mechanism for service providers to refund premiums attached to those MPs who will lose their seats at the General Election. Medical insurance covers attach to individuals and are not transferable,” says Mr Omtatah.
Justice Mrima said the case will not lose its value and importance in the absence of the conservatory orders that Mr Omtatah wanted. The activist will also not suffer any prejudice although he has a strong case against PSC.
Hearing is scheduled to take place on March 2.
