Ex-teachers to be paid Sh16bn

 

The Teachers Service Commission headquarters in Nairobi. Photo/FILE 

By WANJIRU MACHARIA lwmacharia@ke.nationmedia.com

In Summary

• Teachers Service Commission finally agrees to settle the court award within two weeks

Retired teachers will finally get their Sh16 billion pension arrears after the teachers commission told the High Court that it was willing to pay within the next two weeks.

Senior principal state counsel Mwangi Njoroge told the High Court in Nakuru that the Teachers Service Commission would settle the court award before two weeks lapse.

The retired teachers had moved to court last week seeking permission to commence a judicial review to compel the TSC to pay them Sh16.7 billion as part of their pension arrears. (READ: Ex-teachers in strike threat over Sh17bn)

In their application, the former teachers asked the court to grant them leave to file a judicial review to command the commission to pay part of the unpaid pension up to 2003 plus costs taxed, which stand at Sh382.6 million.

They also wanted the court to order TSC to pay another Sh3.34 billion as legal fees to their lawyer Dominic Mukui Kimatta.

In their affidavit, the retired teachers through their lawyer stated that the High Court had ordered TSC and the Director of Pensions in the Ministry of Finance to pay them pensions backdated to 1997.

The respondent was also ordered to liaise with the Director of Pensions to review the former teachers’ current pension to reflect the new rates.

Lawyer Kimatta stated that the TSC had refused to implement the court orders compelling the retired teachers to seek further directives. “The respondent has declined to settle Sh28.5 billion despite a judgment by the High Court,” said Mr Kimatta in his affidavit.

He added that at one time, the Director of Pensions calculated unpaid retired teachers’ pension up to 2003, which stood at Sh16.7 billion.

“The respondent has refused to meet with me to ascertain outstanding amounts despite requests and has continued to act as if I do not exist,” he added.

The former teachers sued TSC in 2006 claiming unpaid lump sum salary increment and accrued pension from July 1997.

The teachers won the case before Nakuru High Court judge David Maraga. The judge ruled that all retired teachers covered by the agreement between the TSC and Knut were entitled to their retirement benefits.

The matter will be mentioned on March 14 for the confirmation of payment.