Kenya Union of Post Primary Education Teachers (KUPPET) National vice chairman Julius Korir,(centre), flanked by deputy secretary Moses Nthurima (left),and National secretary Edward Obwocha address the media outside Milimani law courts after Industrial court prohibited teachers Service commission from including the union from the sh 6 billion proposed medical scheme for teachers on Wednesday 12 September,2015.
BY SAM ALFAN.
Employment and Labour Relations court has prohibited TSC from including KUPPET from the Sh6 billion proposed medical scheme for teachers
.Justice Monica Mbaru issued the order, following an application by the Kenya Union of Post Primary Education Teachers
Mbaru said that the decision was taken without consent of the KUPET participation. The medical insurance deal brokered by the Teachers Service Commission (TSC).
Employment Court judge Monicah Mbaru gave the orders barring Teachers Service Commission (TSC) from deducting, subtracting or interfering with the salaries or medical allowances of 41,000 members of Kenya Union of Post-Primary Education Teachers (Kuppet).
This means the monies will not be forwarded to the Sh5.9 billion medical cover scheme.
The judge heard that the teachers’ employer never consulted union members before selecting AoN Minet to cover their medical costs.
“The obligation on the members whose hard-earned salary is subject to deductions on the account of this flawed and irregular obtained scheme does amount to an arbitrary deprivation of their right to property, contrary to Article 40 of the Constitution,”
Kuppet argued through its lawyer from Wandabwa advocates. On the other hand, TSC Secretary Gabriel Lengoiboni described the idea starting on July 1 as a dazzling perk for teachers.
The commission further notified all 288,000 teachers that they will not get their medical allowances, but the order will have an effect on total amount pooled for their well-being until the dispute is settled.
The scheme will have teachers enjoying inpatient cover of up to Sh1 million, but the union invalidated this, saying the tendering process was already tarnished with irregularities.
TSC doesn’t transfer errant teachers Justice Mbaru was informed AoN Minet was chosen without the commission seeking their opinion.
It was said TSC met with Kenya National Union of Teachers where the two parties agreed to fast track implementation of the proposal. Kuppet said several insurance firms submitted their bid, but AoN Minet was taken up as the preferred provider.
TSC was to later cancel the tender on grounds that the same had been marred by irregularities, but the insurance firm challenged the decision.
Public Review and Appeals Board heard the case by the company and it was ordered that the project should continue.
But Kuppet poked holes on the idea, saying health goodies offered were akin to those of the National Hospital Insurance Fund (NHIF). “Save for the minor deviations, the same is a duplication of the benefits under NHIF.
We have perused the said scheme, from which it is apparent that the hospitals and clinics from which the subject health services are to be offered in the said scheme are similar to those offered by the NHIF scheme,” acting Kuppet Secretary General Moses Nthurima said in his sworn affidavit.
Justice Mbaru ordered the union to serve TSC and AoN, which had been named in the case as interested parties. The case will be heard on June 24.