- This directive mandates that all students must be registered as beneficiaries of their parents under the Student Health Insurance Fund (SHIF) before being readmitted to school.
The Law Society of Kenya (LSK) has received the green light from the High Court to pursue a Judicial Review aimed at quashing a directive from the Ministry of Education. This directive mandated that all students must be registered as beneficiaries of their parents under the Student Health Insurance Fund (SHIF) before being readmitted to school.
LSK President Faith Odhiambo has emphasized the gravity of the situation, highlighting that the SHIF was previously declared unconstitutional by the High Court in Petition E473 of 2023. “The decision has not been varied,” she stated, stressing that any directive attempting to enforce it is in contempt of court and cannot be accepted.
Odhiambo has expressed her concern over what she describes as an "irreconcilable act of impunity" that threatens the education of children. “It is unacceptable to coerce Kenyans into subscribing to an illegal enterprise by jeopardizing our children's education,” she asserted.
Criticizing the circular issued by the Ministry of Education, Odhiambo labeled it as “bad in law, insensitive, irrational, and inimical” to the ministry's role in maintaining high educational standards.
She urges school administrators, including members of the Kenya Secondary Schools Heads Association (KESSHA) and the Kenya Primary Schools Headteachers Association (KEPSHA), to refrain from denying any student access to education based on this directive.
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