Teachers Service Commission wants retirees’ Sh42b reviewed

By PATRICK KIBET

KENYA: The Teachers Service Commission wants the Supreme Court to review a Court of Appeal judgement which awarded Sh42 billion in unpaid pension to a group of retired teachers in 2010.

TSC, through Deputy Solicitor General Muthoni Kimani, has moved to the Court of Appeal seeking permission to have the matter heard by the Supreme Court.

In an application served to Dominic Kimatta, the retired teachers lawyer, Kimani also wants the Court of Appeal to issue orders temporarily stopping contempt of court proceedings filed against Director of Pensions Anne Mugo and TSC secretary Gabriel Lengoiboni.

Sh111 billion

TSC is dissatisfied with judgement and orders of the Court of Appeal, and noted that implementation of the judgment and the order of the court to pay the retired teachers has raised several issues.

The commission in the application has also noted that the arrears as of July 1 this year stands at Sh111 billion and if implemented, it will raise the monthly pension to Sh40 billion.

TSC has also argued that Legal Notice 534 of 1997, which the Court of Appeal relied on in its decision was repealed by another Legal Notice 162 of 2002.

They have also pleaded that implementation of the Legal Notice 534 is likely to raise fresh labour unrest and unending litigation in the education sector, citing recent teachers strike and industrial court petition.

Lengoiboni in his affidavit noted that if the Supreme Court does not revisit the judgement, it will result to serious public policy implications.

He also said the Court of Appeal in its findings amended the Pensions Act, a role of the Legislature under the doctrine of separation of powers.

He also said implementation of the award would be damaging to the economy and a difficulty in implementation of the law.

Kimatta has, however, said when the case was determined by the Court of Appeal, the Supreme Court was not in existence and accused TSC of blackmailing retired teachers.

He also questioned the stand taken TSC three years down the line yet Parliament had been allocating money every financial year since 2010 to settle the court awards.