Two teachers from Kisumu County have filed a petition at the Employment and Labour Relations Court seeking to overturn the Teachers Service Commission's decision to migrate all teachers and their dependents from the Minet medical cover to the Social Health Authority scheme effective December 1, 2025.
Esther Anyango and David Otieno, both employed at Kisumu Girls High School, filed the suit on November 25, 2025, through their lawyer, arguing that the transition lacks adequate consultation and risks depriving them of superior benefits under Minet.
In their petition, the teachers claim that TSC failed to conduct meaningful stakeholder engagement with unions and affected employees, violating Article 47 of the Constitution on fair administrative action. They further argue that Minet offers broader coverage, including Sh2 million inpatient limits and 800 empaneled facilities, compared to SHA's equivalent but unproven network of 9,000 sites.
Anyango told reporters outside the court that the sudden switch has left teachers anxious about potential gaps in care. "We have families relying on this cover—my husband has chronic hypertension, and Minet's quick approvals saved us during his last episode," she said. "TSC announced the change without asking if we agree or if SHA can match what we have. This is not consultation; it is imposition."
Otieno, the second petitioner, added that the migration ignores union agreements reached in November with KUPPET, KNUT, and KUSNET that promised no double deductions and full backlog transfer. "The MOU was signed, but TSC's circular on November 20 bypassed it, leaving us in limbo," he said. "We want the court to suspend the migration until proper dialogue happens."
The petitioners are seeking a conservatory order halting the December 1 transition, a declaration that TSC's directive is unconstitutional, and compensation for any losses incurred. They also want the court to compel TSC to conduct public participation under the Constitution.
TSC spokesperson Kellen Jackline defended the move as a legal requirement under the Social Health Insurance Act 2024, which consolidates all public sector covers into SHA. "The transition is mandatory for all civil servants, including teachers," Jackline said. "We have assured unions that there will be no gaps—Minet's Sh800 million backlog migrates, levies align without overlap, and SHA's network is superior."
The court has scheduled a mention for December 2, 2025, with Justice Byram Ongaya presiding.
