Employment and Labour Relations Court in Kisumu has declined to
grant interim orders sought by two teachers attempting to halt the transfer of
all teachers’ medical insurance from Minet/Aon to the newly established Social
Health Authority.
The petition, filed on November 25 by Peter Amunga and Martha
Omolo, requested conservatory orders to suspend the migration, arguing that the
process was rushed, irregular and posed a threat to the health and welfare of
thousands of teachers nationwide.
Judge Jacob Gakeri ruled that the notice of motion had not been
certified as urgent, effectively denying the temporary reprieve.
The court directed that the notice be served on respondents
within two days, with responses due within 10 days.
The case will be heard inter partes on December 10, when further
directions will be issued.
The petitioners contended that the Teachers Service Commission
decision, which took effect on Monday, as made without consultation,
potentially jeopardising essential medical coverage for teachers undergoing
critical treatment, including cancer care, dialysis and advanced heart
conditions.
They warned that abrupt migration could lead to delays in
treatment, worsening illness, or even fatal outcomes.
The teachers also argued that the move violated constitutional
rights, including dignity, equality, fair administrative action and access to
healthcare.
They accused TSC of breaching legal frameworks such as the TSC Act,
Public Procurement and Asset Disposal Act, Fair Administrative Action Act and
the Social Health Insurance Act.
Amunga and Omolo said that due process had been ignored and that
the decision was made unilaterally, without involving teachers or their representatives.
Meanwhile, TSC and the Kenya Union of Post-Primary Education Teachers and the Kenya National Union of Teachers have already signed an agreement to transfer teachers to SHA.
Education ministry officials, led by Cabinet Secretary Julius
Ogamba and Principal Secretary Julius Bitok, reaffirmed that the government
remains committed to safeguarding teachers’ welfare.
