Two teachers have taken the Teachers Service Commission to court, seeking to halt a directive that would move all teachers and their dependents from the long-running MINET medical insurance scheme to the newly created Social Health Authority (SHA). The case has been filed at the Kisumu Employment and Labour Relations Court by petitioners Peter Kodhek Amunga and Martha Omollo, who warn that the decision threatens the welfare and rights of more than 400,000 teachers across the country.
In their petition, the two argue that TSC’s unilateral move to abandon a contractual insurance arrangement for a statutory health fund raises serious constitutional, labour, and procurement concerns. They say the shift fundamentally alters teachers’ employment terms without consultation, noting that the MINET cover has for years guaranteed emergency evacuation, indemnity-based treatment, and clear contractual obligations benefits they fear will be lost under SHA.
According to the petition, TSC’s directive exposes teachers to risks such as lapse of cover, denial of services, and uncertainty over emergency treatment, given that SHA is established as a fund and not an insurance provider. They insist that the Social Health Insurance Act does not compel public employers to migrate workers from private insurance schemes, and that Section 27 of the Act requires a progressive and actuarially supported rollout something they say has not been done.
The teachers accuse TSC, the Ministry of Health, the National Treasury, SHA, and the Attorney General of failing to uphold constitutional principles of transparency, accountability, fair labour practices, and public participation. They say teachers and their unions were never involved in the decision-making process, contrary to constitutional requirements for stakeholder engagement in changes affecting employment conditions.
Amunga and Omollo now want the court to declare the migration plan unconstitutional and invalid. They seek to have the directive quashed, the MINET insurance reinstated, or alternatively compel TSC to undertake a lawful, competitive, and participatory procurement process for any new medical cover. They also want the court to restrain the respondents from enforcing deductions toward SHA until the matter is fully resolved.
The petition further demands that all documents including procurement records, actuarial studies, policy papers, and internal reports related to the migration decision be produced in court. The teachers say these records are necessary to expose whether due process was followed and whether the shift is in the best interest of the teaching workforce.
The case now awaits directions from the Kisumu Employment and Labour Relations Court as the battle over teachers’ medical cover intensifies
