Politics and policy
By LYNET IGADWAH, ligadwah@ke.nationmedia.com
In Summary
- Reports from the AG’s office are that he is awaiting arbitration from the Supreme Court on how computation of the teachers’ pension should be done.
- Controller of Budget Agnes Odhiambo maintains payment of the money shall be easy once the AG makes the long sought clarifications.
It is yet another disappointing year for the Retired
Teachers of 1997 Group after parliament failed to push for release of
their pension dues from government.
While Treasury has confirmed the Sh16.7 billion to pay the
former Teachers Service Commission (TSC) employees is available,
Attorney General Githu Muigai is yet to give direction on modalities of
payment. In dispute is which ‘last salary’ paid to the teachers should
be used to calculate their pension payment.
Questions abound on whether the retired teachers’
pension should be processed on their last pay at the time they exited
service or on what they should have earned after KNUT and TSC
successfully negotiated their new pay. The Pensions Act says retired
workers should be paid according to their last salary before retirement.
The National Assembly Committee on Education had in
October vowed to ensure that the funds were released before breaking
for Christmas, a promise that has since failed to materialise.
The teachers who retired in 1997 had looked forward
to December 17, a day that would see them get direction on how the
money owed to them would land in their bank accounts. Their hopes were
dashed after the AG failed to appear before the Committee in person
despite prior calls that he should not send a representative.
“It is unfortunate that this issue is not coming to
an end because of one person. The government should just come out
clearly instead of giving teachers false hope that they will get paid,”
said Dominic Kimatta, the retired teachers counsel.
He noted that a year ago, the AG had sat the
teachers down in his boardroom and assured them that their dues would be
released only for them to be engaged in another year of ‘hide and
seek’. Reports from the AG’s office are that he is awaiting arbitration
from the Supreme Court on how computation of the teachers’ pension
should be done.
According to the AG, the Supreme Court holds the
key to the teachers’ pension, since the High Courts and Court of Appeal
did not in their subsequent rulings clarify which ‘last salary’ should
be used for computation.
Controller of Budget Agnes Odhiambo maintains
payment of the money shall be easy once the AG makes the long sought
clarifications.
Mr Muigai’s failure to honour summons aimed at
ending the stalemate has earned him criticism from the legislators who
are planning to debate him on the floor when parliament resumes in
February.
Committee Chairperson Julius Melly expressed dismay
when the AG sent a representative before the team when the matter was
supposed to be concluded.
“We are not taking this kindly as it shows the AG has no heart to the frail dying teachers,” he said..
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