By Staff Reporter
A County Assembly of Nyamira employee has petitioned the institution’s leadership to support staff who exhaust medical cover while undergoing treatment for chronic, critical and long-term illnesses.
In a letter addressed to the Clerk of the County Assembly and copied to the Speaker, Human Resources Department and Staff Welfare Office, staff member Eric Ayuka called for urgent measures to ensure continuity of treatment for affected employees.
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Ayuka argued that the issue goes beyond administrative procedures and touches on constitutional rights, labour protections and public service welfare obligations.
“I write to respectfully bring to your attention the challenges faced by staff members whose medical insurance cover has been exhausted while still undergoing ongoing treatment, particularly those managing chronic, critical, or long-term conditions,” he stated in the letter.
The employee anchored his appeal on several legal and policy frameworks governing employee welfare and healthcare in Kenya.
Among them is the Constitution of Kenya, 2010, which guarantees every person the right to the highest attainable standard of health, including access to healthcare services under Article 43(1)(a).
He also cited Article 41(1), which provides for fair labour practices, and Article 21(2), which obligates public institutions to progressively realise socio-economic rights, including access to health services.
Ayuka further referenced the Employment Act, 2007, noting that employers are required to promote equality, non-discrimination and fair labour practices while providing a safe and humane working environment. He argued that such obligations extend to supporting employees facing serious health challenges while in service.
The petition also cites the Public Service Commission Human Resource Policies and Procedures Manual (2016), which recognises medical benefits as part of public officers’ employment packages and acknowledges the employer’s role in facilitating access to healthcare and welfare support where standard benefits fall short.
Additionally, he pointed to the Public Officers Medical Scheme Fund (POMSF) Guidelines, which provide for structured medical insurance cover for public officers and allow for review, escalation or supplementary support in cases involving chronic, critical or high-cost treatment.
According to the letter, the guidelines also provide room for administrative consideration of cases where treatment extends beyond normal benefit limits.
Chronic healthcare
The staff member further invoked the principles underpinning the Social Health Authority (SHA) and Social Health Insurance Act framework, which promote universal health coverage and continuity of care.
He argued that access to essential and chronic healthcare services should not be interrupted simply because an employee has exhausted their insurance benefits.
The petition also cites the Fair Administrative Action Act, 2015, particularly Section 4(1), which guarantees every person the right to lawful, reasonable and procedurally fair administrative action.
“Decisions affecting continuation of medical support must therefore be fair, timely, and considerate of humanitarian circumstances,” the letter states.
Ayuka called for a review and clarification of existing mechanisms available to staff whose medical cover has been depleted while they are still under active treatment.
He also urged the Assembly to consider establishing or strengthening secondary support mechanisms for employees suffering from chronic and critical illnesses, including emergency medical assistance and ex gratia funding where applicable.
Among the proposals contained in the letter are the establishment of a clear and transparent procedure for approving emergency medical assistance and enhanced coordination between the Assembly, insurers and healthcare institutions to prevent disruption of treatment.
“Ensures timely coordination with insurers and medical institutions to avoid disruption of ongoing treatment,” he stated among the recommendations.
Ayuka argued that such interventions would help uphold constitutional rights, promote humane labour practices and protect the dignity and welfare of employees facing serious health challenges.
“This intervention is necessary to uphold constitutional rights, promote humane labour practices, and safeguard the dignity, welfare, and productivity of staff members undergoing treatment,” he wrote.
He concluded by appealing for urgent action from the Assembly’s leadership, saying that favourable consideration of the matter would provide much-needed relief to affected staff members and their families.
