TSC boss Nancy Macharia faces civil jail for contempt

Teachers Service Commission CEO Nancy Macharia. PHOTO: FILE

The High Court has certified urgent an application seeking to commit Teachers Service Commission boss Nancy Macharia to civil jail for contempt.

Nakuru Judge Janet Mulwa yesterday issued an order for the TSC boss to be served with court papers.

A group of retired teachers, who want Sh6.6 billion paid to them from the current supplementary budget, asked that Ms Macharia be committed to civil jail for six months.

In an application filed yesterday, they said the monies under the budget were about to be disbursed for other purposes other than settling a judgement issued by the court in 2014.

The 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 National Union of Teachers.

An appeal by TSC was thrown out by Court of Appeal judges on November 12, 2010. Last December, the Supreme Court ordered TSC to pay the teachers.

Some retired teachers have since died while waiting for justice in what has turned out to be a protracted court battle.

Their secretary, Gidraph Kimata, said the debt would have been much lower if the Government had paid it in 2010, after the Court of Appeal upheld Justice Maraga's ruling awarding them the sum.

The money has been accruing interest at the rate of 14 per cent since the initial judgement was made against the commission.

A Nakuru High Court in July, last year, ruling on an appeal by then TSC boss Gabriel Lengoiboni who was fighting committal to civil jail, ordered the current CEO to immediately pay the retirees a total of Sh16.7 billion. The money was budgeted for in 2011-12 financial year but retired teachers have not been paid.