Section 1
PRELIMINARY - 1. Short title
Section 1. Short title Section This Act may be cited as the National Health Insurance Fund Act. [Act No. 1 of 2022 , s. 4.]
Statute
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Section 1
Section 1. Short title Section This Act may be cited as the National Health Insurance Fund Act. [Act No. 1 of 2022 , s. 4.]
Section 2
Section 2. Interpretation Section has not attained the age of twenty-one years, has no income of his own and is living with the contributor;
Section 3
Section 3. Establishment of the Fund Section 3(1) There shall be established a Fund, to be known as the National Health Insurance Fund which shall vest in and be operated and managed by the Board. Section 3(2)(a) contributions under section 15 ; Section 3(2)(a)(i) contributions under section 15 ; Section 3(2)(a)(ii) such monies as may be appropriated by the National Assembly, for indigent and vulnerable persons; Section 3(2)(a)(iii) gifts, grants or donations; Section 3(2)(a)(iv) funds from the national government, county governments and their respective entities for the administration of the compulsory public service employee’s insurance benefit scheme or an employer who is not a national government, a county government or their respective entities, for the administration of employee benefits; and Section 3(2)(a)(v) contributions from post retirement funds for provision of medical cover to retired employees, where the contributor has elected to do so. Section 3(2)(b) out of the Fund, all benefits and other payments required by this Act to be paid out of the Fund. Section 3(3) The provisions of the First Schedule shall have effect with respect to the Fund. [ Act No. 1 of 2022 , s....
Section 4
Section 4. Establishment of Board Section 4(1)(a) a Chairperson appointed by the President by virtue of his or her knowledge and experience in matters relating to insurance, financial management, economics, health or business administration; Section 4(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to health or a representative appointed in writing; Section 4(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to finance or a representative appointed in writing; Section 4(1)(d) one person nominated by the Kenya Medical Association; Section 4(1)(e) one person nominated by the Federation of Kenya Employers; Section 4(1)(f) one person nominated by the Central Organization of Trade Unions; Section 4(1)(g) two persons, not being Governors, nominated by the Council of County Governors; Section 4(1)(h) two persons, not being public officers, appointed by the Cabinet Secretary; and Section 4(1)(i) the Chief Executive Officer, who shall be an ex officio member of the Board. Section 4(1A) The persons nominated or appointed under paragraphs (e), (f), (g) and (h) shall have knowledge and experience...
Section 5
Section 5. Objects and functions of the Board Section 5(1)(a) to receive all contributions and other payments required by this Act to be made to the Fund; Section 5(1)(b) to make payments out of the Fund to empaneled health care providers in accordance with the provisions of this Act; Section 5(1)(c) in consultation with the respective regulatory bodies specified under section 60 of the Health Act (Cap. 241), to set the criteria for the empanelment and contracting of health care providers for the purposes of this Act; Section 5(1)(d) to regulate the contributions payable to the Fund and the benefits and other payments to be made out of the Fund; Section 5(1)(e) to protect the interests of contributors to the Fund; Section 5(1)(f) to advise the Cabinet Secretary on the national policy to be followed with regard to national health insurance and to implement all Government policies relating thereto; Section 5(1)(g) to facilitate attainment of Universal Health Coverage with respect to health insurance; Section 5(1)(h) to administer employee benefits as provided under this Act on behalf of employers in respect of their employees; and Section 5(1)(i) to perform such other functions as ar...
Section 6
Section 6. Powers of Board Section manage, control and administer the assets of the Fund in such manner and for such purpose as best promotes the objects for which the Fund is established: Provided that the Board shall not charge or dispose of any immovable property without the prior approval of the Cabinet Secretary;
Section 7
Section 7. Conduct of business and affairs of the Board Section The conduct and regulation of the business and affairs of the Board shall be as provided in the and Second Schedule, but subject thereto, they may regulate its own procedure.
Section 8
Section 8. Delegation by the Board Section The Board may, by resolution either generally or in the any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.
Section 9
Section 9. Remuneration of members of the Board. Section The Chairperson and members of the Board, other than the chief executive officer, shall be paid out of the moneys of the Fund such sitting allowances or other remuneration as the Board may, in consultation with the Salaries and Remuneration Commission, determine. [ Act No. 1 of 2022 , s. 10.]
Section 10
Section 10. Chief Executive Officer Section 10(1) There shall be a chief executive officer of the Fund who shall be appointed by the Board, through a competitive process, on such terms and conditions as the Board may, with the advice of the Salaries and Remuneration Commission, determine. Section 10(2)(a) has at least a Master’s degree from a university recognized in Kenya; Section 10(2)(b) has at least ten years' experience at a senior management level with skills in health insurance, health financing, financial management, health economics, healthcare, administration, law or business administration; and Section 10(2)(c) meets the requirements of Chapter Six of the Constitution. Section 10(3) The chief executive officer shall, subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Board. Section 10(4) The chief executive officer shall serve for a term of three years and shall be eligible for re-appointment for a further and final term of three years. Section 10(5) The chief executive officer shall be an ex officio member of the Board. [ Act No. 18 of 2014 , Sch., Act No. 1 of 2022 , s. 11.]
Section 11
Section 11. Staff of the Board Section The Board may appoint such staff as are necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Board may determine. [ Act No. 1 of 2022 , s. 13.]
Section 12
Section 12. Common seal of the Board Section 12(1) There shall be a common seal of the Board which shall be kept in the custody of the Corporation Secretary and shall not be used except on the direction of the Board. Section 12(2) The affixing of the common seal of the Board shall be authenticated by the signatures of the Chairperson and the Chief Executive Officer and any document required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of the Chairperson and the Chief Executive Officer. Section 12(3) The Board shall, in the absence of either the Chairperson or the Chief Executive Officer, in any particular matter, nominate one member to authenticate the seal of the Board on behalf of either the Chairperson or the Chief Executive Officer. [ Act No. 1 of 2022 , s. 14.]
Section 13
Section 13. Protection from personal liability Section Subject to section 14 , no matter or thing done by a member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.
Section 14
Section 14. Liability of the Board for damages Section The provisions of section 13 shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works.
Section 10A
Section 10A. Corporation Secretary Section 10A(1) The Board shall competitively recruit a person qualified in terms of the law governing the practice of certified secretaries in Kenya, to serve as the Corporation Secretary of the Board. Section 10A(2) A person is qualified for appointment as a corporation secretary under subsection (1) if the person has been a member of the Institute of Certified Public Secretaries for at least ten years and the person is in good standing with the Institute. Section 10A(3)(a) in consultation with the Chairperson of the Board, issue notices for meetings of the Board; Section 10A(3)(b) keep, in custody, the records of the deliberations, decisions and resolutions of the Board; Section 10A(3)(c) transmit decisions and resolutions of the Board to the Chief Executive Officer for execution, implementation and other relevant action; Section 10A(3)(d) provide guidance to the Board on their duties and responsibilities on matters relating to governance; and Section 10A(3)(e) perform such other duties as the Board may direct.
Section 15
Section 15. Contributions to the Fund Section 15(1)(a) who is ordinarily resident in Kenya; and Section 15(1)(b) who has attained the age of 18 years; and Section 15(1)(c) whose total income, whether derived from salaried or self-employment, in the immediately preceding month, was not less than such amount as the Board, in consultation with the Cabinet Secretary, may prescribe, Section 15(1A)(a) the national government shall be liable as a contributor to the Fund in respect of all public officers, state officers and employees working in the national government and national government entities; Section 15(1A)(b) each county government shall be liable as a contributor to the Fund in respect of all public officers, state officers and employees working in the county government and county government entities; and Section 15(1A)(c) any other employer shall be liable as a contributor to the Fund in respect of its employees, subject to paragraph (2)(e). Section 15(1B) Subject to this Act, the national government shall be liable as a contributor to the Fund on behalf of the indigent and vulnerable persons identified as such by the relevant government body. Section 15(2)(a) in the case of a...
Section 16
Section 16. Standard and matching contributions Section 16(1) A person liable to pay a standard contribution under section 15 shall pay such contribution through monthly deductions from his salary or other remuneration and the employer of such person shall be liable to deduct and to pay the contribution to the Board on behalf of and to the exclusion of that person. Section 16(1A) A person liable to pay a matching contribution under section 15 shall pay such contribution in their capacity as an employer and shall not deduct such contribution from the salary or other remuneration of the employee. Section 16(2)(a) in which he was not at any time the employer of that person (except where the employment is terminated in the month immediately preceding that month); or Section 16(2)(b) in which he was not the employer on the first day of that month, unless that contribution has not been paid before the day in that month when he becomes the employer, in which case he shall only become liable seven days after that day; Section 16(2)(c) deleted byAct No. 1 of 2022, s. 17. Section 16(3)(a) to deduct from the salary or other remuneration of any person employed by him, notwithstanding anything...
Section 17
Section 17. Persons to be treated as employers Section In relation to contributors who work under the general control or management of a person other their employer, immediate and in relation to any other case of employment for which it appears to the Board that special provision is needed, the Board may, in regulations, provide that for the purposes of this Act, the prescribed person shall be treated as their employer; and such regulations may provide for adjusting the rights between themselves of employers, persons prescribed as employers and employed persons.
Section 18
Section 18. Penalty for late payment of standard and matching contributions Section 18(1) If a standard or matching contribution which a person is liable to remit under section 16 , has not been remitted by the day on which the payment of the standard or matching contribution is due, the person shall be liable to pay a penalty equal to the lending rate of interest, of the amount of the contribution, as may published by the Central Bank of Kenya from time to time. Section 18(2)(a) that employer shall be liable to pay the penalty prescribed in subsection (1) and pay the costs incurred by the employee that would have been covered by the Fund when seeking treatment from a contracted health care provider during the period when the contribution is due; Section 18(2)(b) that employee shall not be liable to any penalty under this section for so long as he is employed by that employer; Section 18(2)(c) where an employer is a national government, county government or a national or county government entity, the respective accounting officer shall be personally liable for the costs that would have been covered by the Fund and incurred by the employee when seeking treatment from a contracted he...
Section 19
Section 19. Special contributions Section 19(1) Every person liable to pay a special contribution under this Act shall pay the contribution to the Board on the first day of each month or on such later date as the Board may specify, in such manner and at such rate as may be prescribed. Section 19(2) If a special contribution which any person is liable to pay under this section is not paid on or before the day on which the payment is due, a penalty equal to ten percent of the amount of the contribution shall be payable by that person for each month or part thereof during which the contribution remains unpaid, and any such penalty shall be recoverable as a sum due to the Fund and when recovered shall be paid into the Fund. Section 19(3) Deleted byAct No. 1 of 2022, s. 19. [ Act No. 1 of 2022 , s. 19.]
Section 20
Section 20. Voluntary contributions Section The Board may make regulations in respect of voluntary contributions by unemployed persons, prescribing the manner of making such contributions, the procedure to be followed and the forms to be used. [ Act No. 1 of 2022 , s. 20.]
Section 21
Section 21. Mode of identification of beneficiaries and payment of contributions. Section 21(1) The Board shall prescribe the mode of identification of a beneficiary, taking into account the existing legal framework for national registration. Section 21(2) The Board may require a person who is liable to remit a payment for a standard and matching contribution under section 16 to furnish such information or particulars, or to produce such documents, as the Board deems necessary for that purpose. Section 21(3)(a) knowingly makes any false statement relating to a matter affecting his or her liability to remit a standard or matching contribution under section 16 ; or Section 21(3)(b) being required under subsection (2) to furnish information or particulars, or produce a document, refuses or neglects to do so without reasonable cause, Section 21(4)(a) a record of remittance of the contributions; or Section 21(4)(b) in the case of a standard contribution, a record of the contributor’s monthly pay-slip that the contribution has been deducted from his or her salary.
Section 22
Section 22. Payment of benefits Section 22(1) The Board shall pay from the Fund, a benefit to an empaneled or contracted health care provider for an expense incurred by the provider, for the provision of health care services through the centralized healthcare provider management, to the number of beneficiaries determined by the Board. Section 22(2) Deleted byAct No. 1 of 2022, s. 23. Section 22(3)(a) primary angioplasty; Section 22(3)(b) thrombolysis; Section 22(3)(c) thrombolysis and rescue angioplasty; or Section 22(3)(d) such other treatment as the Board may determine. Section 22(3A) The benefits payable from the Fund shall be subject to such limits, and conditions as the Board may prescribe in regulations. Section 22(3B) The Board shall determine and approve the applicable tariffs payable to the Fund under section 15 (3A) and payable out of the Fund under subsection (1), to empaneled contracted health care providers for an expense incurred by the provider for the provision of healthcare services to the number of beneficiaries determined by the Board. Section 22(3C) The Board shall, every two years, carry out a review of the applicable tariffs payable to the Fund under section 1...
Section 23
Section 23. Statements of account. Section 23(1) The Board shall upon request avail a statement of accounts to a contributor, or a person who is liable to remit under section 16 , with regard to their contributions. Section 23(2) The Board shall make regulations for the better carrying out of the provisions of this section. [ Act No. 1 of 2022 , s. 25.]
Section 24
Section 24.[Repealed byAct No. 1 of 2022, s. 26.]
Section 25
Section 25. Offences relating to benefits Section 25(1) Any person who, for the purpose of obtaining the payment of any benefit under this Act, knowingly makes any false statement, whether orally or in writing, commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding sixty months, or to both. Section 25(2)(a) with intent to obtain the payment of any benefit under this Act, impersonates any person whether living or dead; Section 25(2)(b) deleted by ActNo. 1 of 2022, s. 27; Section 25(2)(c) deleted by ActNo. 1 of 2022, s. 27; Section 25(3) Deleted by ActNo. 1 of 2022, s. 27; Section 25(4)(i) a fine not exceeding five hundred thousand shillings; Section 25(4)(ii) removal from the register of empaneled and contracted health care providers. Section 25(5) The Board shall cause the name of every hospital suspended under subsection (3)(ii) of this section to be notified in the Gazette and such institution shall not, during the suspension, be entitled to any benefit from the Fund. Section 25(6) The Board shall cause the name of every health care provider removed from the register under subsection (4)(ii) to be n...
Section 26
Section 26. Regulations on contributions. Section any matters incidental to the payment and collection of any contributions under this Act;
Section 27
Section 27. Regulations relating to benefits Section any conditions or limitations subject to which any benefit shall be paid;
Section 28
Section 28. Modification of Act in special cases Section to persons who are or have been outside Kenya while contributors to the Fund;
Section 29
Section 29. General provision as to regulations Section 29(1)(a) prescribing anything required to be prescribed under this Act; Section 29(1)(b) prescribing the particulars, information, proof or evidence to be furnished as to any question or matter arising under this Act, including any question or matter relevant to the payment of contributions by or in respect of any person, or the making or validity of any claim or application for the payment of any benefit under this Act. Section 29(1)(c) prescribing, in respect of any action required or permitted to be taken under this Act, the time and manner of taking that action, the procedure to be followed and the forms to be used. Section 29(2) Any regulations made under this Act may make different provisions in respect of different cases or classes of cases and for different purposes of this Act, may impose conditions and make exceptions, and may contain such incidental or supplementary provisions as appear to the Board to be expedient for the purposes of the regulations. Section 29(3)(a) the purpose and objective of the delegation under this Act is to enable the Board to make regulations for better carrying into effect the provisions o...
Section 30
Section 30. Empanelment of Healthcare Providers Section 30(1) The Board shall, in consultation with the relevant regulatory bodies specifiedunder section 60 of the Health Act (Cap. 241), publish in the Gazette , the list of empaneled health care providers for the purposes of this Act. Section 30(2)(a) the Board may publish such conditions in the Gazette or in such other manner considers it necessary; and Section 30(2)(b) a health care provider shall not charge any fees to any contributor under this Act which is contrary to such condition. Section 30(3) The Board may, at any time, revoke any empanelment under this section. Section 30(4) Where the Board intends to revoke the empanelment of a health care provider under subsection (3), the Board shall notify the health care provider of the intended revocation, in writing, setting out the reasons for revocation of empanelment. Section 30(5) A health care provider may, upon receiving a notification under subsection (4) submit a written response to the notification within seven days. Section 30(6) A health care provider whose empanelment has been revoked under this section may apply to the Board for the review of the revocation in the fir...
Section 31
Section 31. Determination of claims and questions Section 31(1) Subject to the provisions of this Act, the Board, in consultation with the Cabinet Secretary, may make regulations for the determination by the Board or by any officer thereof, or by a person or body of persons appointed or constituted in accordance with the regulations, of any question arising under or in connection with this Act, including any claim for a benefit, and subject to the provisions of the regulations, a decision in accordance therewith shall be final. Section 31(2)(a) for enabling appeals to be brought from the decisions of any officer, person or body of persons to any other person or body appointed or constituted in accordance with the regulations to hear such appeals; Section 31(2)(b) for the reference to the High Court for decision on any question of law arising in connection with the determination of any question by any officer, person or body of persons and for appeals to the High Court from the decision of any such officer, person or body on any such question of law; and the Chief Justice shall have power to make rules of court for regulating such references and appeals, for empowering the court to...
Section 32
Section 32. Inspection Section 32(1)(a) any premises or places where an inspector reasonably believes that any persons are employed (excluding a private dwelling not used for the purpose of trade or business); or Section 32(1)(b) any empaneled and contracted health care provider, for the purposes of ascertaining whether this Act is being or has been complied with, and the inspector shall, for the purposes of such inspection, have power to enter any such premises or place at all reasonable times, and to examine every person whom he finds therein. Section 32(2)(a) standard and matching contributions are or have been payable, or have been duly paid, by or in respect of any person; or Section 32(2)(b) any benefit is or was payable to or in respect of any person; or Section 32(2)(c) in the case of an empaneled health care provider, whether the conditions, if any, attached to the empanelment or contracting have been met. Section 32(3)(a) wilfully delays or obstructs an inspector in the exercise of his powers under this section; or Section 32(3)(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this section,...
Section 14A
Section 14A. Registration as a member of the Fund. Section 14A(1) A person who has attained the age of eighteen years and is not a beneficiary shall register as a member of the Fund. Section 14A(2) The Cabinet Secretary may, in consultation with the Board, make regulations for the better carrying out of subsection (1). [ Act No. 1 of 2022 , s. 15.]
Section 21A
Section 21A. Establishment of a centralized healthcare provider management system Section 21A(1) The Board shall cause to be developed a centralized healthcare provider management system. Section 21A(2) The centralized healthcare provider management system shall be installed and used by all empaneled providers for the purpose of management of claims, payments and data collection. Section 21A(3) The Board may publish guidelines on the use of the centralized healthcare provider management system by empaneled and contracted health care providers. [ Act No. 1 of 2022 , s. 22.]
Section 22A
Section 22A. Non-withdrawal of benefits Section 22A(1) The Board shall not withdraw the benefits of a person undergoing treatment for a chronic illness. Section 22A(2) The Board shall, in making regulations for determining benefits under the Fund ensure that the Fund shall meet the costs of a contributor accessing inpatient services at any empaneled health care provider. [Act No. 1 of 2022 , s. 24.]
Section 33
Section 33. Financial year Section The financial year of the Fund shall be the period of twelve months commencing on the 1st July in every year.
Section 34
Section 34. Investment funds Section 34(1)(a) in such investment in a reputable bank on the advice of the Central Bank of Kenya, being an investment in which trust funds, or part thereof, are authorised by law to be invested; Section 34(1)(aa) in government securities as may be approved by the National Treasury. Section 34(1)(b) deleted byAct No. 1 of 2022, s. 34. Section 34(2) All investments made under this section shall be held in the name of the Board. [ Act No. 1 of 2022 , s. 34.]
Section 35
Section 35. Annual estimates Section 35(1) At least four months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that year. Section 35(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the Board; Section 35(2)(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits to staff of the Board; Section 35(2)(c) for the payment of all the claims and benefits of the contributors in respect of medical and health care expenses incurred by them or their named dependants pursuant to the provisions of this Act; Section 35(2)(d) for the proper maintenance of the buildings and grounds of the Board; Section 35(2)(e) for the proper maintenance, repair and replacement of the equipment and other movable property of the Board; Section 35(2)(f) for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may deem fit. Section 35(3) The annual estimates shall be submitted fo...
Section 36
Section 36. Expenses of administering the Fund Section There shall be paid out of the Fund and in such manner as the Board, in consultation with the Cabinet Secretary may determine, such sum as the Board may estimate to be its expenditure in respect of any financial year in accordance with the provisions of section 35 . [ Act No. 1 of 2022 , s. 35.]
Section 37
Section 37. Accounts and audit Section 37(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Fund. Section 37(2) The accounts of the Board shall be audited and reported upon in accordance with the Public Finance Management Act ( Cap. 412A ) and the Public Audit Act ( Cap. 412B ). [ Act No. 1 of 2022 , s. 36.]
Section 38
Section 38. Annual Reports Section 38(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediately preceding year. Section 38(2) The Cabinet Secretary shall, within three months of submission of the report under subsection (1), transmit the report to Parliament. [ Act No. 1 of 2022 , s. 37.]
Section 39
Section 39. Administrative regulations Section 39(1)(a) the settlement of the terms and conditions of service, including the appointment, dismissal, remuneration and retirement benefits of the members of the staff of the Board; and Section 39(1)(b) the constitution and procedure of meetings of the Board and the establishment, composition and terms of reference of committees of the Board. Section 39(2) Regulations made by the Board under this section shall not be published in the Gazette but shall be brought to the attention of all persons affected thereby.
Section 40
Section 40. Exemption from stamp duty Section No duty shall be chargeable under the Stamp Duty Act ( Cap.480 ) in respect of any instrument executed by any person on behalf of or in favour of the Board or in respect of the payment of any benefit or in refunding any contribution under this Act in any case where, but for this exemption, the Board or any person acting on its behalf would be liable to pay such duty.
Section 41
Section 41.[Repealed byAct No. 1 of 2022, s. 38.]
Section 42
Section 42. Proceedings to recover sums due to the Board Section 42(1) The court before which any person is convicted of an offence under this Act may, without prejudice to any civil remedy, order such person to pay to the Board, as the case may be, the amount of any standard contribution or any other sum, together with any penalty found to be due from such person to the Board and any sum so ordered shall be recoverable as a fine and paid into the Fund. Section 42(2) All sums due to the Board shall be recoverable as debts due to the Board, and without prejudice to any other remedy, may be recovered by the Board summarily as a civil debt. Section 42(3) All criminal and civil proceedings under this Act may, without prejudice to any other power in that behalf, be instituted by any inspector or other officer of the Board. Section 42(4) All sums recovered by legal proceedings in respect of monies which should have been paid into the Fund shall, when recovered, be paid into the Fund. Section 42(5) Despite any other written law, the assets of the Fund shall not be liable to attachment under any process of law. [ Act No. 1 of 2022 , s. 39.]
Section 43
Section 43. Recovery of compensation or damages Section Where a contributor to the Fund is entitled, whether under the Work Injury Benefits Act (Cap. 236) or otherwise, to recover compensation or damages in respect of any injury or illness, he shall not, to the extent to which such compensation or damages are recoverable, be entitled to any benefits in respect of any treatment undergone by him as a result of such injury or illness, and any benefits paid in respect of such treatment, shall to the extent to which such compensation or damages have been recovered, be repaid to the Board; Provided that the payment of any benefits as aforesaid shall not preclude the right of the contributor to recover any compensation or damages. [ Act No. 1 of 2022 , s. 40.]
Section 44
Section 44. Evidence Section In any proceedings under this Act, a copy of any entry in the accounts of, or any extract from the records or register of the Fund, shall, if stated to be a true copy by a certificate purporting to be signed by the Chief Executive of the Board, or a person authorized in that behalf by him, be received in evidence as prima facie evidence of the truth of the contents thereof.
Section 45
Section 45. General penally Section A person convicted of an offence under this Act for which no other penalty is prescribed shall be liable to a fine not exceeding one million shillings or, in the case of a natural person, to imprisonment for a term not exceeding two years, or to both. [ Act No. 1 of 2022 , s. 41.]
Section 45A
Section 45A. Application ofCap. 487. Section The provisions of the Insurance Act shall apply to the Fund only in respect to risk spreading and claims administration services. [ Act No. 1 of 2022 , s. 42.]