High Court Allows Law Society of Kenya to Challenge Ministry of Education’s Controversial Directive
The High Court has granted the Law Society of Kenya (LSK) permission to file an application for judicial review against the Ministry of Education’s directive requiring all students to be registered as beneficiaries under the Social Health Insurance Fund (SHIF) prior to their readmission to school. This move comes in the wake of the High Court’s earlier ruling declaring the SHIF unconstitutional in Petition E473 of 2023.
In a statement, LSK President Faith Odhiambo condemned the Ministry’s circular as an act of “impunity” that threatens the education of children in Kenya. She emphasized that any attempts to enforce the SHIF directive are in contempt of court and cannot be justified.
Odhiambo described the circular as not only legally flawed but also insensitive and irrational, undermining the Ministry’s responsibility to uphold educational standards. She urged school administrators across the country, including members of the Kenya Secondary Schools Heads Association and the Kenya Primary School Head Teachers Association, to refrain from denying students access to education based on this directive.
The LSK’s challenge is poised to further intensify the debate around the SHIF and its implications for students and their families, as stakeholders await the court’s decision on the matter.
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