52,000 retired tutors not on TSC pension list

Retired Teachers 1997 Group chairman Gidraff Kimatta addresses journalists outside Nakuru Hugh Court concerning their pension, July 31, 2018. PHOTO | FILE | NATION MEDIA GROUP 

In Summary

• On October 21, 2008, the then High Court judge Maraga said retired teachers covered by the 1997 agreement between the commission and Knut were entitled to their benefits based on the salary increment contained in the deal.
• Mr Maraga is currently the country’s chief justice. On October 17, the court will make a decision on the amount to be paid.

By JOSEPH OPENDA
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More than half of the 52,000 retired tutors pursuing a Sh42.3 billion court award for their ...
salaries and pension arrears are likely to miss payment as their names are missing from the Teachers Service Commission files.

CONSPIRING

In a document produced in court Tuesday, only 20,229 names appear in the list. TSC also maintained that the money awarded by the court amounts to Sh16.7 billion and not Sh42.3 billion the retirees are claiming. The commission said the Sh16.7 billion is for the retirees' pension and not salary arrears.

In its November 3, 2018 application, the TSC wanted the 2008 ruling by Justice David Maraga which was affirmed by superior courts, not to include the salary component in the retired teachers’ award.

Through its lawyer Lawrence Karanja, the commission wants the High Court to declare that the teachers were awarded Sh16.7 billion.

The list of 20,229 names, which was produced in court by TSC, covers teachers who retired between July 1, 1998 and June 30, 2003.

“Teachers who retired before that time are not entitled to the award,” the commission’s chief executive Officer Nancy Macharia said through her lawyer Calvin Anyuor. The retired teachers, however, maintain that their number is 52,000 and that the High Court awarded them Sh42.3 billion.

Through their lawyer Dominic Kimata, they accuse their former employer and the pensions department of conspiring to deny them their dues.

Mr Kimata said the judgement clearly indicated that the tutors should be paid their retirement benefits and remuneration, based on the agreement between the government and the Kenya National Union of Teachers in 1997.

CONTEMPT

“This is a conspiracy by the two government departments to steal from my clients. It makes no sense for the chief executive to calculate pension based on their last salary but fail to pay,” Mr Kimata said.

Pensions director Shem Nyakutu said about Sh2.1 billion has already been paid as salary and pensions arrears. In a report submitted to court, Mr Nyakutu said his office has so far paid 4,300 teachers, who retired between 1997 and 2003. The teachers deny receiving the money, accusing the pensions head of disobeying court orders.

Last week, the court ordered Mr Nyakutu to file evidence showing the status update regarding compliance with the orders. The retired teachers have been locked in a long court battle, chasing the money since it was awarded by court 11 years ago.

At some point, they sought to have the officials jailed for contempt.

On October 21, 2008, the then High Court judge Maraga said retired teachers covered by the 1997 agreement between the commission and Knut were entitled to their benefits based on the salary increment contained in the deal. Mr Maraga is currently the country’s chief justice. On October 17, the court will make a decision on the amount to be paid.