AG blamed for delayed teachers’ pension

Photo|FILE NSSF officials on May 22, 2012 told a parliamentary departmental committee on Labour that Wamalwa and Company Advocates was still representing the fund in the case against Mugoya Construction Company.

By Augustine Oduor

Retired teachers will have to wait longer for their pension dues even as Finance Minister Njeru Githae says Sh16.7 billion needed is available

Teachers Service Commission (TSC) also wants legal fees amounting to Sh765 million to be released together with the dues.


Parliamentary Committee on Education Science and Technology heard on Thursday that the office of the Attorney General is the obstacle that stands between the 52,000 teachers and the dues.


Githae said his ministry has sought legal interpretations of two contradictory court rulings that have slowed down the payment process.


“We had referred these issues to the AG’s office but we have not received any response,” he said.


There was no official to respond on behalf of the AG but Education Committee Chairman David Koech put the minister to task for not reminding the AG.


It also emerged the last pay slips of the retired teachers to be used as per the Pensions Act are not available, further hindering the disbursement.


Githae said: “the Pensions Department says payment should be based on the last pay slips but they are not available. These are the items the controller of budget wants sorted out,” he said.


Agnes Odhiambo, the controller of Budget, said the teacher employer has to produce a legal document (a payment voucher) that can be used in place of the pay slips.


“But TSC cannot produce the voucher because of certain legal constraints,’ she said.


Minister Githae said what has delayed the release of the cash is the apparent contradiction of court orders and requirements from Pensions Department.


He said the cash is available and it had already been agreed that it be paid in five installments of Sh3.34 billion every financial year.


Education Minister Mutula Kilonzo said his ministry is embarrassed that teachers who served the country so diligently “are dying in terrible conditions”


He said he is equally disspapointed that the Ministry of Finance has not seen the urgency to settle the matter fast enough.


But Koech said the Ministry of Finance and the AGs office have only one week to seek legal interpretations and pave way for final settlement of the dues.


He said the next meeting takes place December 13 and instructed all parties to be represented to complete the teachers pensions deal.