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Teachers sue TSC over forced migration to SHA medical cover
26th November, 2025 03:36 PM
Two teachers, Peter Kodhek Amunga and Martha Omollo, have sued the Teachers Service Commission (TSC) for announcing and commencing arrangements to migrate teachers’ medical insurance cover to the Social Health Authority (SHA).
According to the petitioners, TSC publicly announced that it is transferring its members’ medical cover from the comprehensive MINET/AON insurance scheme to SHA starting December 1, 2025, or on such earlier or later date as may be decided.
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In a petition filed at the Kisumu Employment and Labour Relations Court, the teachers argue that the said migration was unilateral, undertaken without public participation, without consultation with teachers or unions, and without complying with the Public Procurement and Asset Disposal Act.
Further, they state that SHA is a statutory fund, not a contractual insurance provider, and cannot lawfully provide insurance guarantees, underwriting, or continuity of treatment previously enjoyed under MINET.
Notably, the petitioners state that their employer’s decision is unlawful and unconstitutional, adding that the move will affect teachers, including those on cancer treatment, dialysis, cardiac treatment, chronic medication, maternity services, and emergency evacuation.
They argue that teachers who have been using the cover will face immediate risk of interruption of treatment, denial of care, financial hardship, and possible irreparable medical harm.
“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 petitioners state.
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Through a notice of motion, the petitioners are now seeking a court order halting the implementation of the said migration by the respondents (TSC, SHA, Ministry of Health, National Treasury, and Attorney General).
“An order of prohibition restraining the respondents (TSC, SHA, Ministry of Health, National Treasury, and AG) from implementing or enforcing the migration of teachers to SHA or deducting salaries, imposing penalties, or interfering with teachers’ medical insurance without compliance with the law,” part of the prayers sought reads.
They also want the court to order the respondents to conduct meaningful public participation, including stakeholder consultations with teachers’ unions and legitimate representatives, before altering medical benefits.
The two teachers also want the court to issue an order of certiorari quashing the TSC decision to migrate teachers’ cover to SHA and declare the move by TSC as unconstitutional and unlawful.
“A declaration that the respondents’ decision, directive, and policy to migrate teachers from the existing medical insurance scheme to the Social Health Authority (SHA) is unconstitutional, unlawful, irrational, and invalid,” the petitioners seek.
Notably, they want the court to compel the respondents to reinstate the teachers’ comprehensive medical insurance scheme or undertake lawful, transparent, participatory, and competitive procurement processes before any alteration of medical benefits.
