By Judy Ogutu

Former Nyeri MP Wanyiri Kihoro has sued two insurance firms for allegedly failing to pay accrued benefits following the demise of his wife, Dr Wanjiru Kihoro.

Together with his children, Mugure and Wairimu, they are praying for judgement against British Airways Travel Insurance and Financial Insurance Company Ltd. British Airways Travel Insurance had issued the late Wanjiru with a travel insurance policy, which was valid between April 25, 2002 and April 27, 2003.

Prior to her demise, it is indicated in the suit papers, she had paid the total personal premiums after which she was issued with documentation specifying the benefits and entitlements that could accrue if certain events occurred during travel by air. Wanjiru, who then lived and worked in London travelled to Kenya from the UK in late 2002.

On January 24, 2003, she travelled from Nairobi to Busia Airstrip on a chartered flight owned by MIA International Limited. However, when the aircraft crashed soon after taking off from the airstrip when the group was returning to Nairobi. Wanjiku suffered injuries, which rendered her unconscious. She remained in comatose for three years and nine months until she died on October 12, 2006.

Terms of the policy

"Under the terms of the insurance policy, the insured, either in person or through her personal representatives is entitled to recover benefits as itemised in the policy, " Kihoro argued. Kihoro argues that as a result of the two defendants' failure to pay the accrued benefits, his late wife's estate and her dependants have suffered loss and deprivation.

They have been left to carry enormous debts and liabilities connected with her demise. Kihoro has also prayed for interest on the benefits until payment in full as well as the costs of the suit. On Monday, High Court judge, Justice John Mwera directed the parties to take a hearing date at the Registry for formal proof.

The then Labour minister Ahmed Khalif and two pilots were killed in the accident while several other passengers, who included three other ministers were injured, some badly. They had been part of a group that had visited Busia as part of celebrations for the election victory of the National Rainbow Coalition in December 2002.