SHA transition sparks tension as teachers cite lack of consultation, legal violations

SHA transition sparks tension as teachers cite lack of consultation, legal violations

Teachers’ unions, which earlier indicated openness to the change, now say they have stepped back after receiving widespread concerns from their members.

A new wave of tension is sweeping through the teaching profession as the government pushes forward with plans to migrate teachers from the Minet Kenya medical scheme to the Social Health Authority (SHA) by December 1, 2025.

What was announced as a routine transition has instead unfolded into a major source of anxiety, with sections of teachers warning that the process is hurried, unclear, and could jeopardise their access to healthcare.

Head of Public Service Felix Koskei has maintained that preparations for the transfer are progressing as scheduled.

“I held a meeting with the Teachers Service Commission (TSC) and Social Health Authority Steering Committee on the TSC transition to SHA. Preparations are on track, and measures to strengthen coordination are in place to ensure the smooth implementation of the planned transfer on December 1 2025,” he said.

His remarks sought to reassure teachers, even as questions continue to rise.

Teachers’ unions, which earlier indicated openness to the change, now say they have stepped back after receiving widespread concerns from their members.

Officials noted that many teachers feel excluded from discussions and fear the shift could expose them to uncertainty, especially those already undergoing treatment.

At the same time, the dispute has moved to the courts after two teachers filed a petition before the Employment and Labour Relations Court in Kisumu.

The petition challenges the legality of transferring more than 400,000 teachers to SHA, arguing that the shift changes employment benefits without proper consultation.

The teachers claim the move could interrupt ongoing treatment and leave those with chronic illnesses without immediate support.

Petitioners Peter Amunga and Martha Omollo argue that the new arrangement exposes teachers to serious risks, saying SHA operates as a statutory fund and not a medical insurance scheme.

They told the court that Minet offered guarantees that teachers depended on, including risk underwriting, emergency evacuation, overseas referrals, and wide coverage.

“The impugned decision was made without any public participation, contrary to Article 10 of the Constitution, and without consultation with teachers, unions, or other stakeholders,” they said in their application.

They further complained that the employer has not shared any reports, studies, or frameworks explaining how the transfer will work or whether it is safe.

According to them, “The migration exposes teachers to immediate and irreparable harm, including interruption of ongoing medical treatment, denial of care, loss of emergency evacuation, and loss of chronic disease management support.”

The petition accuses TSC of ignoring its obligations under Article 47 of the Constitution and the Fair Administrative Action Act by failing to give advance notice or invite views before announcing changes to teachers’ health benefits.

It goes on to state that “The decision unlawfully alters teachers’ terms and conditions of service, contrary to Article 41 of the Constitution and the Employment Act, as medical insurance forms a fundamental part of employment benefits.” The court directed the petitioners to serve TSC, the Ministry of Health, the Treasury, and other respondents ahead of the hearing on December 10, 2025.

Reader Comments

Trending

Latest Stories

Popular Stories This Week

Stay ahead of the news! Click ‘Yes, Thanks’ to receive breaking stories and exclusive updates directly to your device. Be the first to know what’s happening.