Nakuru Court gives ultimatum to TSC boss over retired teachers' pay

Teachers Service Commission Chairperson Lydia Nzomo with CEO Gabriel Lengoiboni

The High Court has given Teachers Service Commission (TSC) Boss Gabriel Lengoiboni 30 days to pay retired teachers Sh16.7 billion or be jailed at Kamiti Maximum Prison.

In a sitting at the county yesterday, Lady Justice Janet Mulwa suspended Lengoiboni's committal to civil jail over the money which is part of Sh42.2 billion that more than 52,000 teachers, who retired in 1997, are claiming.

This was the fifth suspension of the TSC's boss committal orders following a contempt of court ruling issued by Justice Anyara Emukule on May 16, 2014.

Some of the retired teachers, who flocked the court room to follow proceedings, expressed disappointment over the delayed payment.

Their lawyer, Dominic Kimata, asked that the suspension order be lifted saying the respondents, who include Attorney General (AG) Githu Muigai, have no goodwill in the pensions and salary arrears stand-off.

Mr Kimata told the court that the pensioners have not received any money despite the AG's commitment that the pension of Sh16.7 billion has been released.

No way

"We have had general meetings with the respondents from September to December 2014 and they promised the funds will be released," he said.

The TSC's lawyer Calvin Anyuor confirmed that a Sh16.7 billion sum has been secured for payment.

He however, said Sh6.6 billion salary areas has not been secured adding that this amount must be paid before the pension amount is paid out.

Mr Anyuor said the Sh6.6 billion, which was agreed on at a meeting, involving the parliamentary select committee on education and the controller of budget, will be pushed for budgeting once Parliament resumes in February.

"The request to wait until Parliament reopens in order to push for these funds has come from the Finance Cabinet Secretary. Mr Lengoiboni has no funds since he relies on Treasury for funding," he said.

Kimata called for speedy resolution of the case saying several of the pensioners, who retired 17 years ago, have since died waiting for justice in what has turned out to be a protracted nine-year court battle.

Won case

The retired teachers sued TSC and the director of pensions in 2006 and won the case following a ruling by Justice David Maraga on October 23, 2008 which directed that all retired teachers be covered by the October 1997 agreement between TSC and Kenya Union of Teachers.

An appeal by TSC was thrown out by Court of Appeal judges on November 12, 2010.