Education assistant minister Calist Mwatela. Parliament approved a
resolution calling on the government to release Sh3.34 billion in
pension and gratuity arrears for retired teachers June 6, 2012
By ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Thousands of retired teachers got a reprieve
Wednesday after Parliament approved a resolution calling on the
government to release Sh3.34 billion in pension and gratuity arrears.
The House resolution will see 31,082 retirees paid their dues after spending the early years of their retirement in penury.
The Ministry of Education,
through its assistant minister Calist Mwatela, told MPs that the money
had already been set aside and there was no reason why the Controller of
Budget was putting roadblocks on what was essentially a court award.
“Anybody pretending to be
withholding pension money should have gone to court, because it is
illegal not to pay pension. I fully agree with this House that the
teachers should be paid now,” said Mr Mwatela.
The teachers had already been
paid their pensions based on the last salary they earned before
retirement. They subsequently went to court to have their salary matter
adjudicated because the 1997 salary agreement captured in the Legal
Notice No.534 of 1997 had not been honoured by the Moi regime
In 2003, the Kibaki
Administration negotiated another agreement with the teachers, which has
been fully implemented. The court therefore entered judgment in the
teachers’ favour. But there was a legal hitch when it came to paying the
money this year. Under the new dispensation, any amounts of money must
be authorised by the Controller of Budget.
The Controller of Budget,
Agnes Odhiambo, said she will not approve any withdrawal of the amount
until she gets a legal opinion from the Attorney-General on how the
court case hems in with the Pensions Act.
Teachers suffering
On Wednesday, Mr Mwatela
added: “It is not right for a person to work for so long the way these
teachers did and the end of it all, they have to run around looking for
their pensions."
John Pesa (Migori) said teachers were suffering yet the Treasury had already agreed on how the payments will be made.
“The money is there; it was
voted in this House and it is with the Treasury. We want it paid before
the end of the financial year, so that we don’t have to return it. It is
very good that the minister has assured us that the money will be
paid,” said Mr Pesa.
“Why for example would a chief
principal who retired ten years ago get Sh12,000 in pension, whereas a
P1 teacher who retired a few years ago, gets Sh15,000 in pension. We
must look at these disparities,” the Migori MP added.
Mr Pesa said the police and
the military, plus other civil servants, also had problems accessing
their pension. He said for the teachers the Treasury should pay Sh3.34
billion in the 2012-2013 financial year and said that the government
should pay the lumpsum balance of Sh10.4 billion in the 2013-2014
financial year.
“The teachers should know that
the money will be paid directly to their bank accounts. Any lawyer who
goes round trying to tell them to sign anywhere is a fraud,” said Mr
Pesa.
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