A fresh storm is brewing between Kenyan teachers and their employer after two educators moved to court to stop what they describe as an unlawful and dangerous overhaul of their medical insurance scheme.
In a petition that could redefine how public servants access healthcare, teachers Peter Kodhek Amunga and Martha Omollo have sued the Teachers Service Commission (TSC) over its decision to migrate all teachers from the long-running MINET/AON comprehensive medical cover to the newly established Social Health Authority (SHA).
The case, filed at the Kisumu Employment and Labour Relations Court, accuses TSC of orchestrating a silent, unilateral transition set to begin on December 1, 2025, or on any earlier or later date “as may be determined,” without public participation and without consulting teachers or their unions.
A Decision Made in the Shadows?
According to the petitioners, TSC’s announcement to ditch the MINET cover blindsided more than 300,000 teachers and violated key legal procedures, including the Public Procurement and Asset Disposal Act, which guides the acquisition of insurance services.
They argue that SHA, created as a statutory national health fund, is not an insurance company and therefore cannot legally guarantee the underwriting, continuity of treatment, or emergency protections currently offered under MINET.
“It is not just a policy shift,” the court papers state. “It is a direct threat to the health and lives of teachers who depend on uninterrupted treatment.”
Life-and-Death Concerns for Teachers on Critical Treatment
At the heart of the petition lies a plea for survival.
The teachers warn that thousands of educators fighting chronic and life-threatening conditions — including cancer, kidney disease, heart complications, and diabetes — could face immediate treatment disruptions if the migration goes ahead.
“Teachers currently undergoing cancer treatment, dialysis, cardiac care, emergency evacuation cover, and chronic disease management will suffer interruption of treatment and possible loss of life,” the petition declares.
The highly specialized services covered under MINET, such as emergency air evacuation, oncology drugs, ICU admission, and maternity care, are not guaranteed under SHA’s framework.
Teachers Seek Court Orders to Halt SHA Migration
To avert what they call an impending healthcare crisis, Amunga and Omollo are asking the court to issue urgent orders prohibiting TSC, SHA, the Ministry of Health, the National Treasury, and the Attorney General from implementing the transition.
Their prayers include:
- An order halting the migration to SHA and blocking any deductions or penalties tied to it.
- A requirement for meaningful public participation, including consultations with teachers’ unions.
- A declaration quashing TSC’s decision, terming it unconstitutional, irrational, and invalid.
- A directive compelling TSC to reinstate the MINET cover or undertake a fresh, transparent, lawful procurement process.
A Case With National Implications
The lawsuit arrives at a tense moment, as the government pushes forward with sweeping health reforms under the Social Health Insurance Act of 2023. But critics fear teachers may become casualties of a rushed process.
If the court rules in favour of the petitioners, the judgment could stall — or even redefine — Kenya’s transition to SHA for millions of workers across the public sector.
For now, teachers across the country wait anxiously, knowing that the outcome may determine not just their benefits, but their ability to access critical and life-saving medical care in the months ahead.
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