Family of the late Kasipul MP Charles Were at Wilson Airport Nairobi. [Elvis Ogina, Standard]
On Tuesday, the National Assembly Speaker, Moses Wetangula, announced that Parliament will cater for morgue fees, airlifting of the body, and travel costs for the family of Kasipul MP Ong’ondo Were.
The gesture, he said, is Parliament’s way of giving their colleague a befitting sendoff.
The pronouncement sparked some public debate with social media users asking whether MPs are entitled to any special treatment when they die while in office.
The Standard explores whether families of the deceased MPs receive any financial assistance from Parliament as a way to ease the burden and show support.
In Kenya, the law provides for a series of benefits for the family if a sitting Member of Parliament (MP) dies.
The law stipulates that their family or their legal heirs are entitled to enjoy benefits from the Parliamentary Pension Act as follows;
The Death Gratuity
According to the act, death gratuity is one of the provisions aimed at supporting the dependents of the deceased. The National Treasury and Planning stipulates that the death gratuity is calculated as five times the MP's annual basic salary. The payment is channelled to the representative of the deceased’s estate.
Group Life Insurance Cover
A group life insurance scheme benefits the MP’s family, and the family receives a cut from the insurance policy.
Pension
The widow of the deceased and the children (if eligible) are also set to benefit from his pension if the deceased had more than ten years of service.
The spouse is eligible for a pension for life, provided she does not remarry, while the children (if eligible) will enjoy the pension till the age of 24.
In the case where a sitting MP dies and leaves behind two or more wives, the handling will depend on the county's legal recognition of polygamous marriages and the rules of the parliamentary pension plan.
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Funeral and Transportation Expenses or Benevolent Fund
The government typically covers funeral and transportation expenses for the deceased MP.
The benefit also includes the cost of transporting the body to the home constituency.
Legal and Administrative Procedures
For the family to benefit from the disbursement, they must appoint a legal personal representative, which should be formalised through a court process and the administrator's name published in the Kenya Gazette to give room for any objection.