Petition Seeks to Halt TSC Plan to Move Teachers from MINET to SHA, Says 400,000 Lives at Risk

The Teachers Service Commission is facing a major legal challenge over its directive to shift teachers from the MINET medical insurance scheme to the Social Health Authority.

The move, which is set to affect more than 400,000 teachers and their families, has been described in court as reckless, unlawful and a threat to the welfare of educators across the country.

The petition, filed at the Employment and Labour Relations Court in Kisumu by education activists Peter Kodhek Amunga and Martha Omollo, accuses TSC of breaching constitutional provisions, employment law and public procurement procedures.

The petitioners argue that TSC’s sudden decision to discontinue the long-running MINET contract has exposed teachers to the risk of treatment delays, lapses in cover and the loss of key protections that had been negotiated under the private insurance scheme.

According to court filings, the directive was issued without proper consultation with teachers, unions or other affected stakeholders.

The petitioners say this constitutes a violation of the Constitution, which demands transparency, accountability and public participation in decisions that materially affect the terms of service for public employees.

Amunga and Omollo further argue that SHA is not an insurance provider and therefore cannot replace a negotiated medical cover that had clear contractual guarantees, including emergency evacuation, comprehensive treatment options and indemnity protections.

They insist that nothing in the Social Health Insurance Act compels public employers to move staff from private insurance to the statutory fund.

They say the transition fundamentally alters teachers’ employment terms and should not proceed without a lawful, competitive and participatory process.

The petitioners are asking the court to declare the migration unconstitutional, invalid and null.

They want the directive quashed and TSC compelled to either reinstate the MINET cover or undertake a proper procurement process that meets legal and constitutional requirements.

They also want access to all internal documents used to justify the shift, including actuarial reports, feasibility studies, procurement records and policy papers.

The court battle comes as the government prepares to move ahead with the transition on December 1.

Head of Public Service Felix Koskei said after a high-level meeting with TSC and SHA officials that the preparations were on track and that institutional coordination had been strengthened to ensure a smooth transfer.

Koskei said the shift to SHA will make it easier for teachers to access services by reducing overlapping administrative processes.

SHA chief executive Dr Mercy Mwangangi said teachers will continue to enjoy broad coverage and will also be included in the public officers’ medical scheme, which will provide support when SHA benefits are exhausted.

She said the combination of the two systems will ensure continuous healthcare for teachers, their spouses and up to five dependents.

The broader benefits under SHA include inpatient and outpatient services, maternity care, dental and optical treatment, radiology, chronic disease management, drug and substance abuse support, overseas treatment, emergency evacuation, health check-ups and organ donor tests.

The government maintains that the centralisation of healthcare financing for teachers is part of wider reforms aimed at streamlining the system, expanding access and ensuring sustainability.

The case is expected to be heard in the coming weeks. Teachers are now waiting for clarity on whether they will be compelled to move to SHA or remain under MINET as the court considers the implications of the directive.