Court stops TSC-AON Minet medical scheme for teachers

TSC Chief Executive Officer Nancy Macharia, who has said county directors had been told to suspend the hiring. FILE PHOTO | EVANS HABIL | NATION MEDIA GROUP

The High Court has stopped a medical insurance scheme agreed between the Teachers Service Commission and AON Minet on behalf of Kuppet members, saying the teachers union was not consulted.

Justice Monica Mbaru of the Employment and Labour Relations Court on Wednesday said the TSC violated the rights of members of the Kenya Union of Post-Primary Education Teachers when it issued a directive to the union to contribute to the medical scheme.

“TSC’s directive to Kuppet members to join, be party to, be members of, or contribute to the medical scheme from AON Minet is hereby quashed,” said judge Mbaru.

The teachers employer was also prohibited from requiring Kuppet members to contribute to the medical scheme procured from AON Minet.

Kuppet had filed the case claiming that the scheme had been entered into by the TSC in total abrogation of the union’s right to associate in the medical scheme of its choice.

Kuppet said the deductions, if allowed, would amount to an unfair labour practice, contrary to Article 41 of the Constitution.

The TSC had defended its decision, saying it acted within the law.