A Doctorβs Guide to Professional Indemnity Insurance in Kenya: The Mandatory Shield
For doctors, nurses, and all medical practitioners in Kenya, securing adequate professional indemnity insurance is not just a formalityβit’s a legal requirement and a vital defense against the significant financial risks in healthcare.
At Step by Step Insurance Agency, we partner with Kenya’s leading underwriters to design tailored indemnity solutions that protect your practice and your financial future, allowing you to focus fully on what matters mostβsaving lives.
π Key Takeaways
- Professional Indemnity Insurance is mandatory by law for all medical practitioners in Kenya
- PI covers negligence, errors, or omissions in professional duties
- General liability insurance does NOT cover professional medical decisions
- Non-compliance risks practice suspension and significant financial exposure
- Coverage extends to legal defense costs, compensation claims, and more
π Table of Contents
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π¬ Join Our WhatsApp GroupI. The High Stakes of Medicine: Understanding Professional Liability
Medical practitioners whether it be doctors, nurses, clinical officers, and dentists, play an indispensable role in Kenya’s healthcare system. Yet, medicine is complex: even with the highest standards of care, unexpected outcomes can still occur.
What Is Professional Indemnity (PI) Insurance?
Professional indemnity insurance (also known as professional liability insurance) provides coverage for financial losses resulting from acts of negligence, errors, or omissions committed in the course of professional duty.
Simply put, if a patient suffers financially due to your medical decision, treatment, or advice, this cover steps in to protect you from legal and financial consequences.
PI vs. General Liability Insurance
| Type of Insurance | What It Covers | Why It’s Not Enough for Medical Practitioners |
|---|---|---|
| General Liability Insurance | Covers bodily injury or property damage resulting from business operations. | Does not cover losses caused by professional decisions or advice. |
| Professional Indemnity Insurance | Covers claims of negligence, misdiagnosis, or professional error that result in financial or reputational loss. | Specifically designed for medical practitioners who make daily professional decisions affecting patient outcomes. |
II. The Legal Imperative: PI as a Mandate in Kenya
Having professional indemnity insurance is not optionalβit’s the law.
Legal Requirement
Under the Health Laws (Amendment) Act, No. 5 of 2019, every medical practitioner in Kenya must take out professional indemnity cover annually, and every health institution must insure itself against professional liability arising from the actions of its staff.
This requirement ensures both individuals and institutions are financially protected in case of malpractice claims.
Why It Matters
- Non-compliance risks: Without valid indemnity cover, your practice or registration may be suspended.
- Financial exposure: Some hospitals in Kenya have paid over KSh 100 million in malpractice settlements within a single year.
- Expanding liability: PI now extends beyond clinical errors to include breaches of confidentiality, cyber risks, and patient data mishandling.
Emerging Trends in Healthcare Risk
- A gradual decline in new negligence cases has been noted due to increasing professional awareness and insurance uptake.
- Compliance with the Data Protection Act (2019) is now mandatory, especially for clinics managing sensitive patient data.
III. The Scope of Protection: What a Comprehensive PI Policy Covers
A robust PI cover protects you from the financial and reputational impact of legal claims while ensuring business continuity.
Core Areas of Protection
| Coverage Area | Description |
|---|---|
| Defence Costs | Covers the cost of legal defence, court representation, and expert witnesses. |
| Compensation Claims | Pays for settlements or compensation awarded to a claimant. |
| Legal Support | Gives you access to expert legal advisors familiar with medical litigation. |
| Incidentals | Covers costs like document loss, court attendance, or investigation expenses. |
Optional Policy Extensions
Many insurers include valuable add-ons tailored for medical practices:
| Extra Benefit | Why It Matters |
|---|---|
| Loss of Documents | Protects against the cost of reconstructing lost or destroyed patient files. |
| Dishonesty of Employees | Covers losses resulting from fraudulent acts by staff members. |
| Incoming/Outgoing Partner Cover | Protects practices during partner transitions. |
| Libel & Slander | Covers allegations or lawsuits related to defamation. |
| Intellectual Property Infringement | Protects against unintentional copyright or IP violations. |
IV. Policy Boundaries: Common Exclusions to Note
Understanding exclusions helps ensure your coverage matches your risk exposure.
Typical Exclusions Include:
- Acts outside the professional scope of work.
- Criminal acts, fraud, or intentional misconduct.
- Acts committed under the influence of drugs or alcohol.
- Claims made by business partners or employees.
- Insolvency or bankruptcy of the practice.
- Bodily injury to employees (covered under employment insurance).
- Political violence and terrorism.
Always review your policy’s exclusions before signingβsmall omissions can lead to large financial consequences later. For a detailed guide on purchasing the right policy, see our step-by-step guide to buying professional indemnity insurance in Kenya.
V. Partnering for Protection: How Step by Step Insurance Supports You
At Step by Step Insurance Agency, we do more than arrange a policyβwe become your dedicated insurance department.
We understand the evolving nature of healthcareβnew technology, new regulations, and new risks. Our advisors work closely with you to build a customised indemnity plan that grows with your practice.
Why Choose Step by Step
- Tailored guidance β We assess your specialty, exposure, and practice setup to recommend the right cover.
- Partnership with top underwriters β We collaborate with Kenya’s leading insurers to guarantee reliable, compliant solutions.
- Transparent process β You’ll know exactly what your cover includes, what it excludes, and how to handle claims.
- Dedicated advisory support β We continuously monitor policy updates and risk trends to keep your cover current.
The Application Process
Here’s how we help you secure your Professional Indemnity Insuranceβstep by step:
- Consent & Information β You authorise us to source and structure your cover.
- Personal & Professional Data β We capture your practice details, qualifications, and registration.
- Practice Information β Includes clinic/facility operations, partnerships, and patient volume.
- Claims History β Disclosure of any previous legal or insurance claims.
- Coverage Design β We help determine the right limits, deductibles, and extensions.
- Quotation & Review β Multiple quotes from reputable underwriters.
- Policy Issuance β Once approved, we finalise and issue your policy certificate.
Our advisors will also review your needs for any additional coverβsuch as reputational damage, cyber liability, or data breach protection.
We also provide specialized PI solutions for other professionals like accountants and consulting engineers.
VI. Your Next Step: Secure Your Practice Today
Professional indemnity insurance is mandatory, protective, and practical. You’ve invested years in your professionβdon’t leave your hard work vulnerable to a single legal claim.
Let Step by Step Insurance Agency help you build the right protection plan for your practice or institution.
Get Started
Your patients trust you to care for them.
Trust Step by Step Insurance Agency to care for your professional peace of mind.
References
- Health Laws (Amendment) Act, No. 5 of 2019 β Kenya Law.
- Kenya Medical Practitioners and Dentists Council (KMPDC) β Annual Reports & Regulatory Updates.
- Dawit Insurance Agency β “Why Doctors’ Professional Indemnity Is Important for All Medical Practitioners in Kenya.”
- Clyde & Co. LLP β “Critical Update for Healthcare Providers in Kenya (2025).”
- Data Protection Act (2019) β Office of the Data Protection Commissioner (Kenya).