By Mandere Onyinkwa
A storm is brewing in Kenya’s education sector. Two teachers, Peter Kodhek Amunga and Martha Omollo, have moved to the Employment and Labour Relations Court in Kisumu.
They are challenging what they call an “unlawful and unconstitutional” transfer of their medical insurance from MINET to the newly created Social Health Authority (SHA).
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The petition, filed on behalf of thousands of teachers, paints a picture of anxiety and betrayal. For years, teachers have relied on MINET’s comprehensive insurance package — covering inpatient and outpatient care, maternity, dental, optical, chronic disease management, and even emergency evacuation.
“This scheme was part of our terms of service. It gave us dignity and security,” Amunga states in his affidavit.
But under the government’s new Social Health Insurance Act, 2023, SHA is set to manage a public health fund rather than provide indemnity‑based insurance. Teachers argue this is no substitute.
“SHA is not an insurer. It cannot guarantee the protections we negotiated,” Omollo explains.
The petitioners accuse the Teachers Service Commission (TSC) of acting without consultation, transparency, or public participation.
They say unions such as KNUT and KUPPET were sidelined, and no actuarial studies or feasibility reports were shared.
“We raised concerns, but received vague assurances. No one listened,” Amunga laments.
Beyond legal arguments, the case highlights human fears.
Teachers worry about interruptions in treatment for chronic illnesses, delays in emergency evacuation, and loss of overseas referral options.
“I know colleagues on dialysis and cancer treatment. They fear their care will collapse overnight,” Amunga testifies.
The petition cites violations of constitutional rights — from fair labour practices to consumer protection — and accuses TSC of breaching procurement laws by bypassing existing contracts with MINET.
It seeks declarations that the migration is invalid, orders to reinstate the insurance scheme, and prohibitions against salary deductions tied to SHA.
At its heart, the case is about trust. Teachers feel abandoned by the very institutions meant to safeguard their welfare.
“We are not against reform,” Omollo says, “but reforms must respect our rights, our contracts, and our lives.”
