The Association is actively engaging KRA with a view to coming up with a solution. A WORD FROM THE EXECUTIVE DIRECTOR. June 2014

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1 June 2014 A WORD FROM THE EXECUTIVE DIRECTOR In the March 2014 Bulletin, I highlighted the amendment to the Custom and Excise Duty Act Cap 472 that introduced 10% Excise Duty on fees and Commissions charged by persons registered under the Act. In the same article I highlighted the immediate steps that the Association took to safeguard the interests of its Members. However, we have not been very successful. The court case that we filed against KRA was dismissed. The proposal for amendment of the law to exclude principal revenue streams from being subjected to the 10% Excise duty was not accommodated during the budget statement. However, all is not lost. We have continued to actively engage KRA with a view to persuading them to make administrative decision to suspend the application of Excise Duty on the Principal revenue streams, in particular, premiums and commissions as we await amendment of the law, which we believe will happen at some point in not too distant a future. In the meantime KRA and AKI have agreed in principle on some items which are not contestable and should therefore attract the duty. Our appeal to members is that they pay duty on these items so that our negotiations with KRA can move on smoothly. Before the dust has settled in regard to excise duty, KRA has fished out another piece of legislation which they have used to demand hefty amounts of money from a number of insurance companies. In 1992, an amendment was introduced to Section 132 of the Income Tax Act Cap 470 that required that before an insurer could issue a motor policy to any person, that person had to produce the Personal Identification Number (P.I.N). In year 2012, this law was amended further to include all classes of insurance. The penalty associated with non- compliance is Kshs.2,000 per transaction. The level of compliance with this requirement has been wanting to say the least. A number of companies have been assessed and billed with huge amounts of money running into hundreds of millions of shillings. The Association is actively engaging KRA with a view to coming up with a solution on how to deal with the past cases of non- compliance. In the meantime, members are requested to forthwith comply with the law as we deal with the issues of the past period. Mr. Tom Gichuhi, AKI Executive Director The Association is actively engaging KRA with a view to coming up with a solution. 1

2 GENERAL INSURANCE UPDATE A. PROPERTY AND ENGINEERING COMMITTEE 1. Standardization of Loss Adjustors Fees The standardised charges were adopted by the Claims Managers and approved by General Council. The same will be presented to the Loss Adjusters for consideration. 2. Industrial All Risks (IAR) Proposal Form The working group finalised the proposal form. The form will be presented to GIC for approval in the next meeting. 3. Property and Engineering Technical Seminar in Mombasa The seminar held in Nairobi in 2013 on Contractors All Risks /Erection All Risks, Deterioration of Stock, Fire Hazards and Fire Protection Systems was replicated in Mombasa in April It was well attended Standard Fire Policy The committee has come up with standard fire policy. A special meeting will be convened to finalise it. The policy will thereafter be presented to General Council for approval. 5. Fire and Engineering Underwriting Guidelines Two working groups were constituted to run with the above Technical Seminar The committee intends to organise a two days technical seminar in September. The target group will be supervisors and management trainees. It was suggested that brokers be invited to the seminar. The ratio of brokers to members be a third to two thirds. Members suggested that the following topics be covered: Fire & Allied Perils insurance, Erections All Risks and Stock Floater. Terrorism. The Secretariat will prepare a programme. B. ACCIDENT TECHNICAL COMMITTEE 1. Public Liability The committee constituted a sub-committee to work on Public Liability underwriting guidelines and thereafter products liability insurance underwriting guidelines. 2.Professional Indemnity Cover The committee formed a second working group to develop professional indemnity underwriting guidelines and professional indemnity policies for lawyers and doctors. 3. Occupational Safety and Health Workshops. It was recommended that statistics on WIBA and EL premiums and claims be obtained from members to enable the committee decide whether it is necessary to organise more awareness workshops. 4. Outstanding Customs Bonds. (a) Up to 1998 and Prior There is no communication from Treasury on waiver of Kshs billion. (b) bonds Five members submitted to AKI documents for cancelled but not deleted bonds. The same were taken to KRA for action. The Secretariat is following up the matter. (c ) 2005 to date A meeting was held with KRA on 3rd July 2014 and it was agreed that statements for outstanding bonds under Simba System will be availed by 15th August Liability s Seminar A seminar was held on 22nd May 2014 at Boma Inn Hotel, Nairobi for claims and underwriting managers/officers. It was facilitated by J.B. Boda. C. MARINE AND AVIATION TECHNICAL COMMIIITTEE 1. Recommendations On Marine Open Covers The committee organized a workshop last year where marine open cover was one of the topics. The workshop came up with several recommendations to minimize marine open cover claims. A working group has been formed to finalize the recommendations. The same will be presented to the Council in the next meeting. 2. Marine Hull Guidelines The committee constituted a working group to work on underwriting guidelines for marine hull, yatches & leisure boats. A team will thereafter work on the proposal form and policy document. 3.Marine Underwriters Training at the College of The committee will organize a training on marine hull at the College of. The target group will be management trainees and supervisors. 4. Small Vessels/Boats at the Coast Workshop The second workshop was be held 10th July 2014 in Leisure Lodge-Kwale. The aim of the workshop was to create awareness and sensitize boat owners. Representatives of member companies from Mombasa branch were in attendance. 5. Marine Underwriters Forum The Marine Underwriters Forum was held on 21st May The agenda was report from the Marine Cargo Surveillance Scheme managers among others. 6. Marine Cargo Clearance System The online cargo clearance system was officially rolled out on 2nd May 2014 by President Uhuru Kenyatta. The new platform, which is being implemented by

3 GENERAL INSURANCE UPDATE in the last three years to enable members forward their views non training needs. Kenya Trade Network Agency (Kentrade), will enable traders to access and process standardized cargo clearance documentation online. 7. Marine Open Cover Stakeholders Workshop Members agreed that the stakeholders Workshop would be held after GIC approves the recommendations on Open Covers. It was proposed that the workshop be held in September Modalities to be discussed later. The stakeholders are customs services department, clearing and forwarding agents, insurers, insurance brokers and KRA. 8. Standard Quotation Form Members expressed concern that some insurance brokers do not provide sufficient information to enable underwriters quote for marine risks. It was noted that some members have prepared a questionnaire which they send to brokers. However, most brokers do not use the questionnaire. It was proposed that the Committee develop a standard risk note outlining the minimum information that a broker should provide. 9. Aviation Liability s. The committee has finalized the Airport Owners Liability Policy. The policy has three sections namely the Airport Ground Handlers Liability insurance, Hanger Keepers Liability insurance and Airport Owners liability insurance. The committee has also prepared proposal forms for the above risks. The documents will be presented to the Council for approval. D. MOTOR TECHNICAL COMMITTEE 1. Branded Private Motor Vehicles The Secretariat placed a public notice in the Daily Nation Newspaper recently to clarify that the correct certificate for branded private vehicles is the private insurance certificate. The Secretariat has requested for a meeting with the Traffic Police Commandant to discuss this matter among others. 2. Road Safety Campaigns. Members were informed that the Secretariat carried out road safety campaign on Radio Citizen and Classic FM radio stations in April Another campaign will to be done in December Motor Underwriting Guidelines. The guidelines were implemented from 1st May Inspections were carried out in June IRA is compiling a report. The second round of inspections will be done in due course. Thereafter, the Commissioner is expected to take action on insurers who have not complied with the guidelines. Members companies agreed at the last General Forum that they will avail the NCD Certificates freely when requested to do so. Members are asked to contact the Secretariat in the event that there is any difficulty in obtaining the NCD Certificates. 4. Road Safety Awards The Secretariat held a meeting with an NGO that advocates for Road Safety (ASIRT Kenya) and discussed the possibility of partnering with them in organising this year s event. A team has been constituted to organise the event. Members are requested to forward their input on how the event can be improved. 5. Motor Technical Seminar. A Motor technical seminar will be held in October The Secretariat will circulate to members topics that have been covered Stolen Motor Vehicles and Cycles The Secretariat is analysing the data. A report will be forwarded to members shortly. 7. (Motor Vehicle Third Party Risks) (Amendment) Act The Structured Compensation The Claims managers discussed the matter at a recent Forum and agreed to use the compensation structure to pay claims. 7. Demand for Personal Identification Number (PIN) from Insureds Members were reminded that it is a legal requirement to obtain PIN from all insureds. It was noted that KRA is conducting inspections and charging Ksh. 2000/- per breach. Members are also reminded to use this opportunity to demand for copies of logbooks from all insureds. E. MEDICAL TECHNICAL COMMITTEE 1. The Medical Rating Guidelines The Committee is finalizing a report on the rating guidelines. The aim of the guidelines is to set benchmarks for accounts of sum insureds of Kshs.40 million and above. The guidelines will be filed with IRA. 2. Collaboration between AKI, MIPAK & PHP (a) Standard documents It was noted that the standard documents will be reviewed. (b) Credit Controllers Sub- Committee The Credit Controllers meetings between AKI, MIPAK and PHP will be reconvened to implement the recommendations that were agreed upon on how to deal with various operational issues. (c) Standard Treatment Protocols - The matter has been listed for future action. 3. Performance of Medical Business The Secretariat informed members that they are compiling data on market statistics. However, medical business performed poorly. 4. Medical Technical Seminar The committee is planning a seminar in the fourth quarter of the year. 3

4 LIFE INSURANCE UPDATE Life Business Division LIMRA Management Skills Training for Unit/Agency Managers 4 LIMRA MANAGEMENT SKILLS TRAINING FOR UNIT/AGENCY MANAGERS The training was conducted from 28th April to 9th May 2014 in two separate forums each accommodating 30 participants for a week. The aim was to train 60 Unit / Agency managers, who would in turn train the life agents working under them. The cost for the two weeks training was about Kshs. 3.5 million. AKI had secured sponsorship of Kshs. 1.8 million from Kenya Re, Africa Re and Zep Re. From its own resources, the Secretariat financed the training up to an amount of Kshs. 1 million. The participants were charged Kshs. 15,300/- to cover the deficit of Kshs. 0.8 million. The objective of the training was to improve manager performance by developing critical management skills in; Planning Recruiting and selecting agents Performance appraisal Training Motivation Time management The training was very successful. The feedback received from the participants indicated that the training was very practical and effective. The trainer was also very highly rated. Our estimation is that there are about 800 unit/agency managers in the industry. It is would be good if at least 50% of the unit / agency managers could undergo the training for it to have positive impact on the industry. The training featured a unique computerized agency management business simulation game called Any Town Agency, which allowed the participating teams to analyze and create a three year plan for manpower and production for the agency. The ultimate goal of the simulation exercise was to enable participants to put into practice all critical elements learned and enable them transfer this knowledge to their own agencies in the offices. The training provided excellent training, attendees had to complete pre-seminar projects, evening assignments and postseminar project to enable implementation of key lessons learnt. GROUP LIFE SKILLS UPGRADE TRAINING A one week Group Life Skills Upgrade Training was held at the College of from 23rd to 27th June 2014 to equip underwriter s dealing with group life business who have less than 5 years experience with the correct practical skills and knowledge in underwriting. There were a total of 35 participants drawn from member companies and brokerage firms. The facilitators were drawn from seasoned industry underwriters. Topics Presented: Topic: Outstanding Customer service in group life business Presenter: Mr. James Oyugi, Convener, Group Life Committee & Member of LIC Topic: Introduction to group life assurance and understanding group products. Presenter: Mr. Alex Amolloh, Head of Operations, CFC Life, Member: Group Life Committee

5 LIFE INSURANCE UPDATE Topic: Alternative distribution channels for group life Presenter: Mr. Boniface Ngahu, Marketing Director -SBO RESEARCH Topic: Quotation Guidelines Presenter: Mr. Johnstone Mitei, Underwriting Manager Britam, Member: Group Life Committee. Topic: Understanding the role of Actuaries in Life Business. Presenter: Mr. Alton Rugetho, Senior Actuarial Analyst Alexander Forbes Financial Services (E.A) Ltd Topic: Best practice guidelines in underwriting Presenter: Mr. Michael Oimo, Assistant General Manager, Group Business Development ICEA LION Life, Member: Group Life Committee. Topic: Claims handling procedure and management in group life Presenter: Ms. Eunah Thinwa, Assistant General Manager, Operations ICEA LION Life, Member: Pensions Committee. Topic: Reinsurance Process Presenter: Mr. Chris Saigbe, Senior Life Underwriter, Africa Re Topic: Emerging Business Trends- Micro & Banc assurance Presenter: Mr. Jack Kionga, Assistant General Manager, Ordinary Life, CIC Life Topic: Overview of the Industry Presenter: Ms. Pauline Gathuri, Senior Manager Life Business, AKI Topic: Developing a great attitude towards work Presenter: Mr. Milton Otuoma, Managing Director, Bellaton Consultants Plenary sessions were held to encourage participants explore further what was learnt in class. They had interactive discussions and came up with mind blowing ideas on what needs to be done to improve the industry. A report is being compiled and will be shared with member companies. NSSF ACT, 2013 The NSSF Act, 2013 became effective on 31st May 2014 as per the extension that had been granted by the Cabinet Secretary for labour. The NSSF Regulations are also out. Employers that would like to opt out of NSSF, are now required to apply to The Retirement Benefits Authority for opting out of NSSF Tier II. In the meantime the Pensions Committee prepared draft templates of the Trust Deed & Rules documents incorporating the changes in the NSSF Act and the regulations. The templates were sent to RBA for their review and also shared with the industry. The Committee is exploring the possibility of organising a joint public awareness campaign for the industry. The aim is to educate the public about pensions business and also position guaranteed funds as the preferred option. The campaign will target employers who do not currently have pension schemes. PERSISTENCY REPORT The individual life Committee has raised Group Life Skills Upgrade Training concerns regarding the persistency of the ordinary life business in the market. This problem was first highlighted when data on number of ordinary life policies was collected last year. Our report showed that there were less than 500,000 policies in the industry. This number has been stagnant at the 500,000 mark for several years despite high sales by the life agents as evidenced through AAYA awards. We have now collected data on persistency for from 1st January 2010 to 31st December A report will be compiled and the findings shared with member companies AAYA 2014 REVISED CRITERIA Group Life & Individual Life The AAYA Audit team made recommendation for review of the criteria of the Individual life and group life awards. The AAYA Taskforce held a post event meeting on 15th May 2014 to review these recommendations. The documents have now been adopted by the Life Council and they have been sent to member companies. The AAYA 2014 qualifications will be based on the revised criteria. 5

6 LEGAL UPDATE 6 FINANCE BILL,2014 The Finance Bill, 2014 has now been released. The bill has not addressed the contentious issue on the proposed amendment to the Customs and Excise Act, Cap 472 that had been forwarded to Treasury by industry stakeholders. In his Budget Speech, delivered on Thursday 12th June, 2014 the Cabinet Secretary Treasury Mr Henry Rotich indicated that (i) a new excise duty bill, 2014 clarifying the various goods and services to be subjected to excise duty would soon be tabled in parliament. Once it has been released the Secretariat will be able to ascertain whether the amendment to exclude premiums and commissions from excise duty is addressed there. (ii) he would soon table the Financial Services Bill, 2014 in Parliament which will establish the Financial Services Authority to take over the regulatory function of the RBA,IRA, CMA and SASRIA. CBK would retain its current and regulatory function. (iii) he would also table the Bill, 2014 and Central Bank Bill in parliament (iv) the Policyholders Compensation fund would be split into a life and general fund with each fund having different contribution rates to reflect the varying levels of risk. (v) the Bill proposes an amendment to the Competition Act (No 12 of 2010) to provide for better clarity and transparency. It proposes an amendment to Section 89A to introduce a leniency programme where any corporate body that discloses the existence of a practice that is prohibited and co-operates with the Competition Authority in any investigation may not be subject to the entire fine that would have been imposed o them under the law which prescribes a fine of kshs 10 million for breach of the Competition Act. (vi) the bill seeks to amend the National Social Security Fund Act No 45 of 2013 to harmonize it with the relevant provisions of the Retirement benefits Act ( no 3 of 1997) (vii) A new Income Tax Bill, will be drafted in due course and tabled in parliament Meeting held with Treasury A meeting was earlier held with the Budget Team at Treasury on the 4th of June, The meeting which was attended by Board representatives from AKI, AIBK, AKR, MAAK, NAKI and ILA to discuss the modalities for excluding premiums and commissions from excise duty. Court hearing In the meantime the Court matter proceeded for hearing on the 29th of May, 2014 before Justice David Majanja. The Judge noted that the ruling will be delivered on Notice. INSURANCE DRAFT BILL, 2014 In his Budget Speech delivered on 12th June,2014, the Cabinet Secretary Treasury, Mr Henry Rotich has indicated he will soon table the Bill, 2014 in Parliament. There is an intention to set up a Financial Services Authority which will absorb the IRA, CMA, SASRIA and RBA. The IRA has indicated it has now embarked on drafting the Draft Regulations. INSURANCE (AMENDMENT) ACT, 2013 The Amendment Act, 2013 has now been passed. The Secretariat has established that the contentious amendment that had earlier on been proposed to Section 203 requiring insurers to pay claims without any supporting documents has now been removed. This was made possible by the aggressive lobbying efforts by the Association who held a meeting with the Parliamentary Committee on Finance Trade and Planning as well as the Regulatory Authority. The current wording is therefore retained. INSURANCE MOTOR VEHICLE THIRD PARTY RISKS (AMENDMENT) ACT, 2013 The Motor Vehicle Third Party Risks (Amendment) Act, 2013 has been passed effectively introducing structured compensation for various injuries under the Motor Vehicle Third Party Risks Act, Cap 405. It caps insurers liability at Kshs 3 million per claimant, seeks to peg compensation to earnings and allows for an initial process of negotiations to settle a claim using either arbitration /mediation within a period of sixty days before one can resort to court. It aims to proactively tackle the issue of fraud where persons who seek to benefit from use of fraudulent, documents will have the entire judgement cancelled including facing criminal charges. The Law Society of Kenya has filed a petition in Court in court on 2nd April, 2014 terming the Motor Vehicle Third Party Risks (Amendment) Act, 2013 as being unconstitutional, null and void in that it seeks to interfere with judicial discretion and limit the compensation awards to kshs 3 million. The LSK indicated that under Section 3(b) of the Act that power is conferred by the Minister in consultation with the Director for medical services to prescribe compensation for other categories of disablement not provided in the schedule. This they have termed as a donation of judicial power to the Minister in exclusion of the Judiciary. Interestingly no injunction has been sought by the LSK preventing the implementation of the Structured Compensation Scheme. M/s P.L.O Lumumba of Lumumba & Lumumba Advocates as well as Njoroge Regeru of Regeru and Co Advocates are on record for the Association and have since enjoined AKI in the matter as an interested party. The case will be mentioned on 24th June,2014. A claim managers forum will be held on 26th June, 2014 to discuss the various implementation challenges being experienced which will then be addressed with the IRA.

7 PUBLIC RELATIONS UPDATE 1. AKI Journal & Bulletin The AKI journal is published bi-annually in June and December while the bulletin is published quarterly. Journal The theme for the June 2014 Journal is on The Goldmine in Data. The journal has been circulated to member companies, government ministries, parastatals, banks and insurance brokers among other stakeholders. The journal has been posted on the website. Writers of the articles were paid Khs. 7500/= as approved by the Committee. The Secretariat will expand circulation to the East Africa region to increase readership as directed by the Committee. Regarding, generation of debates and feedback from readers, the Secretariat has engaged AKI ICT department to explore the possibility of enabling the system to do so. Bulletin The second quarter bulletin was circulated to member companies. The Secretariat is currently working on the third quarter bulletin Annual Industry Report The draft 2013 Industry Annual Report has been compiled. It is being refined and is expected to be ready in July The date of unveiling the report has not been picked. The PR consultants and the Secretariat will pick the date. 3. Village The Trade Fair will take place from 29th September to 5th October 2014 at the Show Ground. The Secretariat booked a different area which is closer to the main gates. So far all the 32 available stands have been booked by 17 insurance companies, 3 insurance brokers and 2 hospitals. A landscaper has commenced work on the site. Quotations from suppliers of other services such as tents, chairs, tables and décor have also been sought. A contact persons meeting will be convened in August 2014 to discuss the details. The following organisations have confirmed participation: 1.Amaco 4. Insurers Sports Day The Secretariat has started preparing preliminaries games to be held at the Railway Training Institute from 27th July 2014 to 2rd July The finals will be on 13th September 2014 at Nyayo Stadium. The following 24 organisations have confirmed participation. 5. Media Reporters Workshop 7.Pan Africa Life The Secretariat in liaision with the PR Consultants is organising a workshop at Karen Country Lodge on Friday, 11th July The topics are as follows: 1. Overview of the Industry 2. Challenges of Reporting on Segment 3. Common Terminologies 4. Underwriting and Claims Process 13.Jubilee Hospitals 2.Britam 8.Fidelity Shield 14.CFC Life Metropolitan 3.Kenindia Co. 9.Heritage Co. 15.AAR Gertrude s 4.Gateway Ltd 10.Takaful Africa 16. CIC Brokers- AON 5.Kenyan Alliance 6.Madison Jubilee APA ICEA LION CFC/Heritage CIC Real 11.Pioneer 12.UAP Invesco Occidental Saham First Monarch 17.Saham Cannon Corporate Pioneer 18. College of Eagle Africa Clarkson Regulatory Authority Madison AIG Britam AON Pan Africa Life Kenyan Alliance Kenindia Kenya Re Mayfair UAP AAR Metropolitan GA 7

8 PUBLIC RELATIONS UPDATE 6. The Awards and Survey The event is being organised by Think Business and will be held on Thursday, 30th July 2014 at the Safari Park Hotel and Casino, Nairobi from 6:30pm and the inaugural Survey 2014 (East Africa) will also be launched on the same day. The focus for this year s Awards & Survey will be on changing trends in delivering insurance products to its consumers. Indeed, expanding on alternative channels of distribution will be the next growth driver for the insurance sector with greater emphasis on partnerships like bancassurance. Therefore the theme will be Bancassurance, Setting the Pace for Growth. This year s survey, the first East African Edition, will encompass all insurance companies in the region - Kenya, Uganda, Tanzania and Rwanda. It will contain detailed financial analysis, rankings and ratings for the period It will unveil an aggregate 5 year overall ranking of all East African companies over the last decade. 7. CSR Medical Camp Preparations for this year s medical camp commenced in April The camp will be held at Kamangu Primary School- Ndeiya-Limuru on Saturday, 9th August We are once again partnering with the Kenya Diabetes Management and Information Centre (DMI) for the fourth time. So far 15 member companies have confirmed participation. They are as follows: 2014 MEDICAL CAMP SPONSORS AAR Company Ltd Africa Merchant (AMACO) British American CFC Life Company Fidelity Shield Ins. Co. Gateway Co. Geminia Company ICEA Lion Group Heritage Company Jubilee Company Kenindia Co. Kenya Orient Ins. Co. Kenya Alliance Ins. Co. Madison Co. Mayfair Company Occidental Co. Pioneer Co.Ltd Phoenix Co.Ltd UAP Company 8 ASSOCIATION OF KENYA INSURERS AKI Centre,Mimosa Road, Mucai Drive, off Ngong Road P.O Box , Nairobi Tel: /1/2/3, Mobile: , Fax: Website: