• By Raymond Momanyi

WIBA Insurance Kenya: Employer Guide to the 2007 Act

Understand Kenya’s Work Injury Benefits Act, WIBA insurance, employer duties, employee benefits, accident-reporting timelines and claims requirements.

Understanding the Work Injury Benefits Act (WIBA), 2007 in Kenya

An employee can leave home healthy in the morning and suffer a serious workplace accident before the day ends.

For the employee, the accident may result in hospital treatment, temporary loss of income, permanent disability or death. For the employer, it creates immediate responsibilities involving medical attention, accident reporting, compensation and regulatory compliance.

The Work Injury Benefits Act, 2007—commonly known as WIBA—provides Kenya’s legal framework for compensating employees who suffer work-related injuries or contract occupational diseases.

Section 7 of the Act requires every employer to obtain and maintain an insurance policy covering liabilities that may arise under WIBA, unless the employer has been lawfully exempted through an approved alternative security arrangement.

This guide explains who needs WIBA insurance in Kenya, what it covers, how compensation is determined, the reporting timelines and the documents required when making a claim.

Important: This article provides general insurance information and does not replace the Work Injury Benefits Act, applicable regulations, DOSH directions, insurer policy wording or professional legal advice.

What Is WIBA?

WIBA stands for the Work Injury Benefits Act, 2007.

The law provides compensation to employees who suffer:

• Accidental bodily injury arising out of and in the course of employment
• Temporary disablement caused by a workplace accident
• Permanent disablement caused by a workplace accident
• Death resulting from a workplace accident
• Occupational diseases arising out of and in the course of employment
• Eligible medical and related expenses

The Act also establishes the responsibilities of employers, employees, medical practitioners, insurers and the Director responsible for administering work-injury benefits.

What Is WIBA Insurance?

WIBA insurance is a policy that protects an employer against liabilities arising under the Work Injury Benefits Act.

Where an employee suffers an eligible workplace injury or occupational disease, the policy may respond to the employer’s statutory compensation obligation, subject to:

• The Act
• The policy schedule
• Declared employee categories
• Declared annual earnings
• Applicable limits
• Medical evidence
• DOSH assessment
• Insurer claims requirements
• Policy exclusions and conditions

WIBA insurance protects the employer against a legal liability while helping ensure that injured employees and eligible dependants receive the compensation provided under the statutory framework.

Is WIBA Insurance Compulsory in Kenya?

Yes.

Section 7 of the Work Injury Benefits Act requires every employer to obtain and maintain insurance with an approved insurer for liabilities arising under the Act, unless an authorised exemption applies.

The Act provides penalties for employers who fail to maintain the required insurance.

Buying WIBA insurance should therefore not be treated as an optional staff benefit. It is an important part of employment-law and workplace-risk compliance.

Employers should also register and maintain the records required by the Directorate of Occupational Safety and Health Services.

Which Employers Need WIBA Insurance?

WIBA applies broadly to employers carrying on business or employing people in Kenya.

This includes:

• Limited companies
• Partnerships
• Sole proprietors
• SACCOS
• NGOs
• Charitable organisations
• Schools
• Colleges and universities
• Hospitals and clinics
• Restaurants and hotels
• Retail shops
• Construction companies
• Factories
• Farms
• Transport and logistics businesses
• Security companies
• Cleaning companies
• Professional firms
• Churches and religious organisations
• Clubs and associations
• Property-management companies
• Technology companies
• Government institutions, subject to the Act
• Other organisations with employees

A business does not need hundreds of employees before WIBA becomes relevant. Even a small organisation with one or several employees can face a workplace injury.

Who Is an Employee Under WIBA?

The Act generally defines an employee as a person employed for wages or salary under a contract of service.

The contract may be:

• Written
• Verbal
• Express
• Implied
• Paid daily
• Paid weekly
• Paid monthly
• Calculated according to work completed

The definition also includes apprentices and indentured learners.

This means an employer should not assume that a worker is outside WIBA merely because:

• No written employment contract was issued
• The worker is paid daily
• The worker is described as casual
• Payment is made in cash
• The worker is serving an apprenticeship
• The worker has been engaged for a short period

The actual employment relationship and purpose of the work matter.

Genuine independent contractors may require different insurance arrangements, but simply calling someone a contractor does not automatically determine their legal status.

Are Casual Workers Covered by WIBA?

Casual workers engaged for the purposes of the employer’s trade or business may fall within the protection of WIBA.

The Act excludes a person whose employment is casual and who is employed otherwise than for the purposes of the employer’s trade or business.

Employers should therefore declare casual workers who participate in normal business operations, particularly in sectors such as:

• Construction
• Agriculture
• Warehousing
• Manufacturing
• Hospitality
• Cleaning
• Events
• Loading and offloading
• Transport
• Retail

Do not omit workers from the WIBA schedule merely to reduce the premium.

Are Apprentices and Trainees Covered?

The definition of employee includes apprentices and indentured learners.

The Act also provides a special approach to calculating earnings where an employee in training suffers permanent disablement. The calculation may consider earnings associated with an experienced person performing comparable work.

Employers should disclose trainees, apprentices and similar workers when obtaining WIBA quotations.

Does WIBA Cover Employees Working Outside Kenya?

WIBA may apply where an employee who is ordinarily employed in Kenya is temporarily deployed outside the country by an employer whose business is chiefly carried on in Kenya.

The Act places conditions on this protection, particularly where the deployment continues—or is expected to continue—for 12 months or longer.

Businesses sending employees to Uganda, Tanzania, Rwanda, South Sudan, the Democratic Republic of Congo or other countries should confirm:

• The period of deployment
• Territorial extension
• Local workers’ compensation requirements
• Travel insurance
• Medical evacuation
• Group Personal Accident protection
• Employer’s Liability exposure

WIBA should not be assumed to provide unlimited worldwide employee protection.

What Does WIBA Insurance Cover?

Subject to the law and policy, WIBA insurance may respond to the following benefits.

Medical Expenses

An employer is responsible for eligible and reasonably incurred medical expenses arising from an occupational accident.

These may include:

• Medical treatment
• Surgical treatment
• Hospital treatment
• Dental treatment
• Skilled nursing services
• Prescribed medicine
• Surgical dressings
• Travel required for authorised treatment
• Artificial limbs
• Crutches
• Other prescribed medical appliances

The actual insurance policy may state limits, procedures and documentary requirements. Employers should confirm the current medical-expense limit rather than relying on an old policy or quotation.

The Act prohibits an employer from demanding or deducting an employee’s contribution towards medical aid supplied under the WIBA framework.

Temporary Total Disablement

Temporary total disablement occurs when an injury temporarily prevents the employee from performing work.

Under the Act, an employee incapacitated for three days or longer may become eligible for periodical payments, subject to applicable minimums, maximums and other provisions.

Payments may continue while the temporary disablement lasts, but not beyond the statutory maximum period.

An employee receiving full pay is not ordinarily entitled to receive an additional periodical payment for the same period. Adjustments may also apply where the employee receives partial remuneration.

Temporary Partial Disablement

Temporary partial disablement arises where the employee can perform some work but has temporarily lost part of their earning capacity.

Compensation may be calculated proportionately, subject to the Director’s assessment and the Act.

Permanent Total Disablement

Permanent total disablement occurs when a workplace injury permanently removes or severely impairs the employee’s ability to work.

Under section 30, permanent-disablement compensation is based on 96 months of earnings, subject to the applicable statutory minimums, maximums and assessed percentage of disablement.

A 100% assessed permanent disablement may result in the full applicable permanent-disablement benefit, subject to the statutory framework.

Permanent Partial Disablement

Permanent partial disablement occurs when an employee suffers a lasting injury but is not assessed as completely disabled.

The Work Injury Benefits Act contains a Schedule assigning percentages to specified injuries.

A simplified illustration is:

Permanent-disablement compensation = 96 months’ applicable earnings × assessed disability percentage

If the injury is not expressly listed, a medical assessment may be used to determine an appropriate percentage consistent with the statutory Schedule.

The final assessment and compensation are determined through the applicable WIBA process. The insurance agent should not promise a disability percentage before the medical and DOSH assessment is completed.

Death Benefit

If an employee dies as a result of an occupational accident or disease, compensation may be payable to eligible dependants in accordance with the Act and applicable Schedule.

The Act recognises several categories of dependants, which may include:

• A widow or widower
• Eligible children
• Parents or adoptive parents
• Other relatives in specified circumstances
• A person wholly dependent on the employee for the necessities of life

Dependency and distribution are determined under the applicable legal process.

Funeral Expenses

In addition to death compensation, the employer may be liable for reasonable funeral expenses, subject to the applicable maximum.

The exact amount payable should be confirmed from the current statutory and policy terms.

Occupational Diseases

WIBA does not apply only to sudden physical accidents.

An employee may also be entitled to compensation where they contract a disease arising out of and in the course of employment.

Examples of occupational exposure may involve:

• Chemicals
• Dust
• Noise
• Repetitive physical activity
• Biological agents
• Toxic substances
• Industrial processes
• Other harmful workplace conditions

Medical evidence is required to connect the illness to the employment.

The employer must report an occupational disease to the Director in the prescribed manner within 14 days after receiving notice or learning about it, even if the employer disputes whether the disease arose from the employment.

What Does “Arising Out of and in the Course of Employment” Mean?

For an injury to qualify, there must generally be a sufficient connection between the accident and the employee’s work.

Examples may include an employee:

• Injured while operating machinery
• Falling at the workplace
• Injured while carrying out an assigned task
• Involved in an accident during authorised work travel
• Injured at a client’s premises while performing duties
• Harmed during an authorised emergency response
• Developing an occupational disease connected to the work environment

Each case must be assessed on its facts.

Does WIBA Cover Travel to and From Work?

An ordinary private commute is not automatically treated as being in the course of employment.

However, the Act recognises conveyance to or from work as being in the course of employment where transport is provided by the employer for the purpose of transporting employees.

Travel undertaken as part of assigned duties may also require consideration.

Employers with staff vehicles, buses, field teams, sales representatives and regional operations should disclose these exposures to the insurer.

Does WIBA Provide 24-Hour Accident Cover?

Standard WIBA insurance is linked to injuries and occupational diseases arising out of and in the course of employment.

It is not automatically 24-hour protection for every accident that happens during an employee’s private time.

For broader protection, employers can consider:

• WIBA Plus
• Group Personal Accident insurance
• Group Life insurance
• Group Medical insurance
• Employer’s Liability insurance

The extensions and benefit limits should be confirmed from the policy.

What Is WIBA Plus?

WIBA Plus generally combines statutory WIBA protection with an additional Personal Accident benefit extending beyond normal working duties.

Depending on the insurer, WIBA Plus may provide broader protection for accidental injuries occurring:

• At work
• Away from work
• During weekends
• During holidays
• Outside working hours
• Within the stated territorial limits

WIBA Plus is not a standardised product across all insurers. Benefits, exclusions and limits vary.

WIBA vs Group Personal Accident Insurance

WIBA and Group Personal Accident insurance are related but different.

WIBA protects the employer against statutory liability for work-related injuries and occupational diseases.

Group Personal Accident insurance generally provides agreed benefits for accidental death or disability and may operate on a 24-hour basis, depending on the policy.

An employer may purchase both to create broader employee protection.

WIBA vs Employer’s Liability Insurance

WIBA deals with compensation under the Work Injury Benefits Act.

Employer’s Liability—or Common Law Employer’s Liability—may address specified legal liability arising from employee injury claims outside or beyond the statutory WIBA benefit framework, subject to the policy and applicable law.

The two covers should not be treated as identical.

Employers should obtain professional advice on whether Employer’s Liability is appropriate for their business.

How Is a WIBA Premium Calculated?

WIBA premiums are generally calculated using the employees’ estimated annual earnings and occupational risk classifications.

A simplified premium calculation is:

Estimated annual payroll × Applicable occupational rate = Basic WIBA premium

The insurer may also apply:

• Policy minimum premium
• Statutory levies
• Medical-expense limits
• Funeral-expense limits
• Territorial extensions
• Claims-history adjustments
• WIBA Plus benefits
• Group Personal Accident extensions
• Other underwriting terms

Why Occupational Classification Matters

A receptionist and a construction worker do not face the same workplace risks.

Insurers commonly group employees according to the nature of their duties.

Lower-risk occupations may include:

• Administrators
• Accountants
• Receptionists
• Office-based managers
• Customer-service employees
• Clerical staff

Higher-risk occupations may include:

• Construction workers
• Machine operators
• Drivers
• Security guards
• Welders
• Electricians
• Miners
• Factory workers
• Loaders
• Agricultural workers
• Technicians working at height

Employees should be classified according to their actual duties—not merely their job titles.

What Payroll Should an Employer Declare?

The employer should provide realistic projected annual earnings for every employee category.

Earnings can include:

• Basic salary
• Regular allowances
• Regular overtime
• Other recurring remuneration recognised under the Act

Intermittent overtime, non-recurring payments and specified expense reimbursements may be treated differently.

Employers should seek guidance when preparing the payroll declaration.

Understating payroll may leave the employer exposed to:

• Additional premiums
• Claim complications
• Proportional adjustments
• Uninsured liability
• Breach of policy conditions

Documents Required for a WIBA Insurance Quote

An employer may be asked to provide:

• Registered business name
• Certificate of incorporation or business registration
• KRA PIN
• Physical business address
• Nature of business
• Number of employees
• Employee categories
• Job descriptions
• Estimated annual earnings
• Work locations
• Previous insurer
• Claims history
• Required medical and funeral limits
• Territorial requirements
• WIBA Plus or GPA requirements
• Relevant contracts or tender specifications

Businesses with higher-risk operations may require a risk survey or additional underwriting information.

What Should an Employer Do After a Workplace Accident?

The first priority is the injured employee’s safety.

The employer should:

1. Provide immediate first aid.
2. Arrange transport to an appropriate medical facility.
3. Preserve the accident scene where necessary.
4. Record the employee’s account.
5. Obtain witness statements.
6. Take photographs and preserve relevant evidence.
7. Notify the insurer or insurance intermediary immediately.
8. Report the accident to the Director in the prescribed manner.
9. Submit the required WIBA and medical documents.
10. Cooperate with DOSH, the insurer and appointed investigators.
11. Correct the hazard that caused the accident.
12. Maintain an organised claim file.

An employer should not conceal an accident because it appears minor. Some injuries become more serious after the initial report.

WIBA Accident-Reporting Timelines

The employee should notify the employer as soon as possible after the accident.

For a fatal accident, a copy of the written notice—or notice of verbal reporting—must be sent to the Director within 24 hours.

The employer must report an accident to the Director in the prescribed manner within seven days after receiving notice or learning that the employee was injured.

The employer must report the matter even where it disputes whether the accident arose out of and in the course of employment.

A claim for compensation should generally be lodged in the prescribed manner within 12 months after the accident or, in the case of death, within 12 months after the date of death. (labour.go.ke)

Reporting should nevertheless be done immediately. Waiting until the final deadline can damage the quality of evidence and delay the claim.

Documents Required for a WIBA Claim

The exact requirements depend on the accident, injury and insurer. Documents may include:

• Completed prescribed accident-notification form
• Employer’s incident report
• Employee statement
• Witness statements
• Initial medical report
• Final medical report
• Sick-off records
• Treatment notes
• Hospital discharge summary
• Medical invoices and receipts
• Police abstract for a road or reportable accident
• Post-mortem report in a fatal claim
• Death certificate
• Burial permit
• Proof of dependency
• Employee identification
• Employment contract
• Payroll records
• Payslips
• Bank details
• Occupational-health reports
• DOSH assessment
• Disability-assessment documents
• Other information requested by the Director or insurer

Employers should retain wage and employment records properly. The Act requires applicable employment records to be kept for at least six years after the last entry.

How the WIBA Claim Process Works

A typical WIBA claim may involve the following stages:

Accident Notification

The employee reports the injury to the employer, and the employer notifies DOSH and the insurer.

Medical Treatment

The employee receives appropriate treatment, and the medical practitioner prepares the prescribed reports.

Documentation

The employer provides payroll, employment and incident records.

Investigation

DOSH, the insurer or an appointed investigator may examine:

• How the accident occurred
• Whether it was connected to employment
• The employee’s role
• Witness evidence
• Safety procedures
• Medical evidence
• Earnings

Medical Assessment

Where permanent disablement is alleged, the employee’s condition must be assessed after it has sufficiently stabilised.

DOSH Determination

The Director assesses the claim and applicable benefits under the statutory framework.

Settlement

The employer or insurer processes the eligible compensation according to the Director’s assessment and applicable policy.

Section 26 provides that an employer or insurer against whom the Director lodges a compensation claim should settle it within 90 days of lodging. This period should not be confused with a guarantee that every matter will be concluded 90 days after the accident; notification, investigation, medical stabilisation and formal assessment may occur beforehand. (labour.go.ke)

Common Reasons WIBA Claims Are Delayed

A WIBA claim may be delayed when:

• The accident is reported late
• The employer does not notify DOSH
• The employee is omitted from the payroll declaration
• The declared occupation is inaccurate
• Earnings records are incomplete
• The initial medical report is missing
• A final disability assessment is unavailable
• Police records are required but missing
• The accident’s connection to employment is disputed
• Dependency documents are incomplete
• The employer and insurer receive inconsistent accounts
• The employee fails to attend a required medical examination
• The occupational disease requires further investigation

Prompt reporting and accurate records can prevent many avoidable delays.

Can an Employer Deduct the WIBA Premium From Employees?

No.

WIBA insurance is an employer’s responsibility.

The employer should not deduct the cost of WIBA insurance or applicable medical aid from an employee’s salary.

Can an Employer Avoid Liability by Blaming the Employee?

Not automatically.

WIBA is not simply a negligence policy requiring the employee to prove that the employer caused the accident.

The Act provides compensation for qualifying employment-related accidents and diseases, subject to its conditions.

Deliberate and wilful misconduct may affect a claim that does not result in serious disablement or death, but every case must be assessed according to the Act.

An employer should report the accident even when it believes the employee caused it.

Can an Employee Sue the Employer Separately?

Section 16 of WIBA provides that an employee or dependant cannot ordinarily bring a separate damages action against the employer for an occupational accident or disease resulting in disablement or death; compensation against the employer is pursued through the WIBA framework.

Different considerations may arise where another person—not the employer—caused the accident. Section 17 addresses claims involving third parties.

Because liability and jurisdiction questions can become legally complex, affected parties should obtain legal advice for a disputed case.

Can a WIBA Decision Be Challenged?

A person aggrieved by a decision of the Director may lodge a written objection with the Director within the period prescribed by section 51.

The Act provides a 60-day period for lodging the objection.

After receiving the Director’s reply, a further appeal may be available through the appropriate Employment and Labour Relations Court process within the applicable timeline.

Employers and employees should obtain legal advice where a determination is disputed.

WIBA Compliance Checklist for Employers

Employers should confirm that they have:

• A valid WIBA policy
• The correct legal name on the policy
• Every employee category declared
• Accurate projected annual earnings
• Correct occupational classifications
• Adequate medical and funeral limits
• All operating locations disclosed
• Regional work disclosed
• WIBA Plus or GPA considered
• Employer’s Liability considered
• Employee and payroll records maintained
• Accident-reporting procedures
• First-aid arrangements
• Emergency transport procedures
• A designated safety or reporting officer
• Claims contact details
• Renewal reminders
• Regular workplace risk assessments

Insurance does not replace workplace safety. The employer must still prevent accidents and comply with occupational safety requirements.

Compare WIBA Insurance Quotes in Kenya

Imana Insurance Agency Kenya Ltd helps employers compare WIBA insurance quotations from selected licensed Kenyan insurers.

Imana can assist with:

• Organising employee categories
• Reviewing annual payroll
• Classifying occupations
• Comparing premiums
• Comparing medical and funeral limits
• Adding WIBA Plus or Group Personal Accident
• Reviewing Employer’s Liability requirements
• Preparing proposal documents
• Arranging policy issuance
• Providing renewal reminders
• Guiding employers through accident notification
• Following up on claims documentation

Employers in Westlands, Nairobi and across Kenya can request quotations through the Imana Insurance quotation comparison platform.

For insurance authority content, WIBA claims information and business-risk guides, visit imana.co.ke.

For travel insurance and related protection, visit MyKava Travel & Insurance.

Frequently Asked Questions

Is WIBA insurance mandatory for every employer in Kenya?

Section 7 requires employers to obtain and maintain insurance for liabilities under WIBA unless a lawful exemption through an approved security arrangement applies.

Does a business with one employee need WIBA insurance?

The obligation is linked to being an employer, not reaching a large minimum workforce. Small employers should arrange appropriate protection.

Does WIBA cover casual employees?

Casual workers engaged for the purposes of the employer’s trade or business may fall within the Act. Employers should not omit them merely because they are paid daily.

Does WIBA cover an accident on the way to work?

An ordinary private commute is not automatically covered. Employer-provided transport for conveying employees to or from work is specifically addressed by the Act.

Does WIBA cover employees outside working hours?

Standard WIBA is linked to work-related accidents and occupational diseases. WIBA Plus or Group Personal Accident can provide broader 24-hour protection, subject to policy terms.

What is the difference between WIBA and WIBA Plus?

WIBA covers statutory work-related liability. WIBA Plus generally adds broader Personal Accident benefits beyond working hours, depending on the insurer.

How is the WIBA premium calculated?

The premium is normally based on estimated annual employee earnings, occupation, risk level, claims history and selected benefits.

How quickly should an accident be reported?

The employee should report it immediately. Fatal accidents have a 24-hour notice requirement to the Director, while the employer generally has seven days after learning of an accident to report it in the prescribed manner.

Does WIBA cover occupational diseases?

Yes, where the disease is shown or presumed under the Act to have arisen out of and in the course of employment.

Who determines the disability percentage?

The percentage is established through medical assessment and the applicable statutory process, using the First Schedule and the Director’s determination.

Can employees pay part of the WIBA premium?

WIBA insurance is an employer’s obligation. The employee should not be charged for the cost of medical aid supplied under the Act.

Is WIBA the same as medical insurance?

No. Medical insurance covers eligible healthcare expenses according to a health policy. WIBA responds to the employer’s statutory liability for work-related injury and occupational disease.

Final Word

WIBA insurance is not a certificate that should be purchased, filed away and forgotten.

It is part of a wider employer responsibility involving workplace safety, employee records, accident reporting, medical attention and statutory compensation.

The policy must reflect the real workforce: every occupational category, work location and realistic level of annual earnings.

When an accident occurs, speed matters. Treat the employee, preserve the evidence, report the incident, notify the insurer and submit the prescribed documents.

A properly arranged WIBA policy protects the employer’s financial stability while supporting employees and their dependants when work causes injury, illness, disability or death.

To compare WIBA insurance quotations in Kenya, visit imanainsurance.com.

Author: Raymond Momanyi
Founder & CEO, Imana Insurance Agency Kenya Ltd
4th Floor, Krishna Centre, Woodvale Grove, Westlands, Nairobi, Kenya

Call/WhatsApp: +254 796 209 402
Email: insurance@imana.co.ke

Quotation Comparison: imanainsurance.com
Insurance Authority and Information: imana.co.ke
Travel and Insurance: mykava.co.ke

This article provides general insurance information and is not legal advice. Compensation, liability, premiums and claim outcomes remain subject to the Work Injury Benefits Act, applicable regulations, DOSH determinations and the selected insurer’s policy wording.