By PATRICK KIBET
The High Court in Nakuru has directed the Teachers’ Service Commission (TSC) to release Sh3.34 billion court awardedto a group of retired teachers two years ago.
Justice Anyara Emukule made the orders during the hearing of contempt of court proceedings against the TSC secretary and director of pensions.
However, deputy director legal Allan Sitima representing TSC secretary Gabriel Lengoiboni told the court the claims by the retired teachers had been processed pursuant to the court ruling.
He added the pensions department could not complete the process since the claims were not supported by documents showing last salary drawn as stipulated by the pensions Act.
He told the court failure to process the pension was not a deliberate move by TSC, but was occasioned by administrative issues, which emanated from the ruling.
Sitima said the consultations were still on-going between TSC and other departments on how best to comply with the ruling. “We have intentions to pay but what figures are payable and to whom is the question, the figures are being verified at high level,” he said. He asked the court to grant TSC more time to complete the consultations and report the progress in 60 days.
Representing the retired teachers, Dominic Kimatta told the court the respondents failed to offer any sustainable explanation on why they had not complied with the court order issued on April 4. He urged the court to hold the director of pensions and the TSC secretary in contempt of court.
Justice Emukule granted TSC 45 days to complete the consultations and held that the respondents may not have been in contempt of court though they failed to honour the court orders.
He directed the case to be mentioned on February 21 next year and further directed TSC to release part of the money to the retired teachers before the date.
Justice Maraga in his ruling ordered TSC to pay Sh16.7 billion to the retired teachers and further directed the release of Sh3.34 billion provided in 2011/2012 budget.
