The Employment and Labour Relations Court (ELRC) in Kisumu has declined to issue interim orders sought by two teachers who were attempting to stop the Teachers Service Commission (TSC) from shifting all teachers’ medical insurance from MINET/AON to the newly established Social Health Authority (SHA).
Led by Peter Amunga and Martha Omolo, who filed the petition on November 25, had asked the court to grant conservatory orders suspending the migration, arguing that the move was rushed, irregular, and threatened the health and welfare of thousands of teachers across the country.
However, their bid suffered a major setback on Thursday December 26, when Judge Dr. Jacob Gakeri ruled that their notice of motion had not been certified as urgent, effectively denying them the temporary reprieve they were seeking.
The court instead directed that the notice of motion be served upon the respondents within two days, with the Teachers Service Commission and other respondents required to file their responses within ten days.
The matter will be heard inter partes on December 10, 2025, when further directions will be issued.
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The petitioners told the court that TSC’s decision—expected to take effect on December 1, 2025—was made without consultation and in a manner that exposed teachers to the risk of losing essential medical coverage.
They warned that an abrupt migration could be devastating for educators undergoing critical and ongoing medical care, including cancer patients, dialysis recipients, and individuals with advanced heart conditions.
According to the petition, any disruption in care could lead to treatment delays, worsening illness, or potentially fatal outcomes.
Their court papers further allege that the transition violates several constitutional rights, including the right to dignity, equality, fair administrative action, and access to healthcare.
Amunga and Omolo also accuse TSC of violating key legal frameworks in the procurement and implementation of the new medical insurance system. They cite breaches of the Teachers Service Commission Act, Public Procurement and Asset Disposal Act, Fair Administrative Action Act, and Social Health Insurance Act.
They argue that due process was ignored and that the decision was made unilaterally, without involving teachers or their representatives.
By Odoyo Miranda
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