TSC boss ordered to appear in court over teachers' pension

Some of the retired teachers follow proceedings at Nakuru High Court before Nakuru Judge Janet Mulwa on 31-05-2016 who upheld the earlier ruling on TSC CEO to appear in court and show cause why a disciplinary action should not be taken against her for failing to pay the teachers their dues. (PHOTO: BONIFACE THUKU/ STANDARD)

The Teachers Service Commission (TSC) boss has been ordered to appear in court over pension.

The High Court in Nakuru ordered the commission's Chief Executive Officer Nancy Macharia to appear in court in two weeks' time to explain why Sh1.5 billion already released to over 52,000 retired teachers had not been released.

In a ten-page ruling, Justice Janet Mulwa further wants the TSC boss to explain why the full amount cannot be paid as ordered and decreed earlier in October 2010 by the High Court.

She also wants the CEO to convince the court why she should not be committed to civil jail for contempt of lawful and valid court orders issued on May 16, 2014 and subsequent others.

"This matter has been in court for the last eight years since the decree was issued. There is no appeal pending and the case has gone up to the Supreme Court. Litigation must come to an end. The applicants have been shut out of the enjoyment of the fruit of the judgement," she said.

The retired teachers sued Macharia for contempt after previous court orders against former TSC boss Gabriel Lengoiboni were discharged by court in July 30, 2015, after he retired from the commission.

The court had then sentenced Lengoiboni to civil jail after he failed to honour an order issued on October 23, 2012 to pay Sh16.7 billion to the teachers.