How Covid-19 scuttled retired teachers’ push for Sh43b in pension, salary arrears
Twelve years after a court judgment in their favour, 52,000 retired teachers are still battling to get Sh43 billion in salaries and pension arrears owed to them by the government.
The Nakuru High Court delivered the ruling in 2008, and the execution of the decree became the subject of contention in a protracted legal battle that has lasted more than a decade.
The retirees are locked in a legal fight with the Teachers Service Commission (TSC) and the Pensions department, with efforts to resolve the dispute in superior courts and Parliament failing to bear fruit.
The case is based on a 1997 agreement between the Kenya National Union of Teachers (Knut) and the government that involved paying all serving teachers and those on leave pending their retirement from July 1, 1997 a lump sum in addition to their monthly salaries.
The teachers moved to court in 2004, accusing the TSC of breaching the agreement.
Retired Chief Justice David Maraga, then a judge in the Nakuru High Court, ruled in October 2008 that the teachers were entitled to salary increases at the time of their retirement.
He directed the TSC to pay the retirees.
The decision was affirmed by the Court of Appeal and the Supreme Court.
But the former teachers have been pushing the High Court for the orders to be enforced.
They accused the TSC and the Pensions department of disobeying the orders by failing to process claims and paying the retirees.
The teachers sought to have the TSC compelled to furnish information regarding the status of the payment.
At some point, they wanted TSC chief executive Nancy Macharia and the Pensions boss cited for contempt.
But their push was slowed by the death of their long-time lawyer, Dominic Kimatta, in 2020.
This was during the Covid-19 lockdown period when court services were suspended.
After his death, the case was thrown into limbo as the teachers tried to find a way forward.
They hired another lawyer, David Ikua, in March last year.
But no action has taken place in court, with the case adjourned several times.
The retired teachers’ secretary, Joseph Mwenje, told the Nation that the case had stalled.
He accused the TSC of taking advantage of the confusion to continue disregarding court orders on payment.
"We have not been to the court since our first lawyer died in 2020 as some of the cases were being heard virtually. Our case is, however, yet to continue since the TSC has kept dodging the court," said Mr Mwenje.
The last time the case was heard was in February 2020, when Justice Janet Mulwa clarified that the teachers are entitled to Sh16.7 billion from the government.
The retirees, who contested the decision, filed a petition seeking to challenge it.
The case, which was scheduled for hearing on July 5, failed to proceed after it emerged that it had not been listed on the cause list.
"They have decided to play games with the matter while our members keep dying one after the other," said Mr Mwenje. BY DAILY NATION
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