Teachers' medical scheme in limbo as petition seeks to block planned migration

KUPPET Secretary General Akelo Misori was speaking during a fundraiser and free medical camp organised by Minet Kenya at Miyuga Mixed Secondary School in Karachuonyo Constituency. The teachers’ unions leaders have rejected ODM leader Raila Odinga’s proposal of devolving primary and secondary education to county governments.[James Omoro/Standard]

The transfer of all teachers and their dependents to the government-run medical scheme is facing fresh headwinds after two teachers moved to court to block the process.

The teachers now want the Teachers Service Commission (TSC) barred from migrating tutors’ medical cover from the private insurer Minet/AON to the new Social Health Authority (SHA).

Peter Kodhek Amunga and Martha Omollo warn that the move will put over 300,000 teachers and their families at risk.

In a petition filed at the Employment and Labour Relations Court, the teachers accuse TSC, the Social Health Authority, the Ministry of Health, the National Treasury and the Attorney-General of orchestrating an unlawful and unconstitutional overhaul of the teachers’ medical scheme without consultation or due process.

The duo contests their employer’s decision to shift tutors from the existing insurance scheme to the state-run SHA system, saying it is unlawful, lacks public participation and will expose thousands of teachers and their dependents to loss of critical medical benefits and interruption of treatment.

Amunga says TSC has announced and commenced implementation of a unilateral, unlawful and unconstitutional migration of all teachers’ medical insurance cover from the existing insurance scheme to the SHA with effect from December 1, 2025, or on any date thereafter.

"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," the petitioners argue.

The court battle means that teachers living with chronic illnesses risk being left without essential medical care. The uncertainty has sparked fresh fears among thousands who depend on uninterrupted treatment.

But despite the growing anxiety, the government has now instructed teachers to register on the Social Health Authority (SHA) portal even as the two petitioners move to court to block the transition.

The petitioners argue that the change risks interrupting ongoing treatment for thousands of teachers and dependents living with chronic ailments.

The petition before the Employment and Labour Relations Court challenges the planned migration scheduled for December 1, arguing that the move is unlawful, lacked public participation and fundamentally alters teachers’ terms of service. The current Minet cover lapses on November 30.

In the suit, petitioners Amunga and Omollo want the court to halt the transition and issue conservatory orders restraining TSC, SHA, the Ministry of Health, the National Treasury and the Attorney-General from enforcing the change until the matter is heard.

They argue that the decision was made without consultation with teachers or unions, and without following procurement laws.

“The decision was undertaken without public participation, contrary to Article 10 of the Constitution, and without engaging teachers, KNUT, KUPPET, KUSNET or other stakeholders,” the petition states.

This comes days after teachers received instructions to register on the SHA portal and update dependent details.

“Dear Teachers, SHA welcomes you to the new Comprehensive Mwalimu Medical Cover. Please confirm and/or update your dependents by dialling *147# or by visiting the listed portals. The medical scheme will be active effective 1st Dec 2025,” read a message seen by The Standard.

At the same time, The Standard has established that negotiations between SHA and more than 9,000 health facilities are ongoing, with sources indicating that talks are expected to conclude this week.

The petitioners warn that the transition exposes teachers, particularly those under continuous care, to the risk of treatment disruption.

In his affidavit, Amunga says those in cancer, dialysis, cardiac care and chronic disease management programmes are at immediate risk.

“Unless the Court intervenes, teachers currently on treatment will face interruption of care and possible loss of life,” he stated.

The two teachers also accuse the State agencies of altering a core employment benefit without notice or justification.

They argue that medical insurance is protected under Article 41 of the Constitution and the Employment Act and cannot be varied unilaterally.

“The Respondents violated Article 47 on fair administrative action by failing to issue notice, offer reasons, invite representations or consult affected persons,” they claim.

The petitioners further question whether SHA can take over a scheme that has operated as a fully underwritten insurance cover.

“SHA is a statutory fund and not an insurance provider capable of underwriting risk, managing evacuation, overseas referrals or guaranteeing coverage previously available under MINET,” Amunga avers.

The suit also faults the manner in which the existing contract with the Minet-led consortium was set aside.

“The Respondents bypassed the Public Procurement and Asset Disposal Act despite the existence of a valid, competitively procured contract,” the affidavit reads.

The teachers say no actuarial study, capacity assessment or implementation plan has been made public to support the shift, and argue that the harm will be irreversible if the transition proceeds.

“Teachers will suffer injury that cannot be remedied later once treatment is interrupted. Conservatory orders are necessary to preserve the existing scheme and prevent harm to more than 300,000 teachers and dependents,” the petitioners said.

Justice Jacob Gakeri directed that the application for conservatory orders be heard on December 10, 2025.