TSC ordered to pay retired teachers salaries, pension arrears

For 18 years, Mr Joseph Mwenja and his committee of six members have been fighting for the payment of Sh42.3 billion salaries and pension arrears for more than 52,000 retired teachers.

The long wait came to an end on Wednesday last week when the Supreme Court ordered the Teachers Service Commission (TSC) to pay the retired teachers.

The money has been accruing interest at the rate of 14 per cent since the initial judgement was made by Justice David Maraga in 2008 against the commission.

TSC Secretary Nancy Macharia risks arrest and a six-month civil jail for contempt of court.

“TSC has not contested the determination of Justice Emukule on the issue of contempt of court by way of appeal,” read part of the judgment.

The commission had moved to the highest court seeking stay orders against judgement by the Court of Appeal, which had directed TSC and the Pensions Department to pay the retirees.

For Mr Mwenja and his team, the journey started on October 10, 1997 when then President Daniel arap Moi sought to know the reason for the frequent teachers’ strikes.

The committee was given 48 hours to compile a report and submit it to the President.

It did so the following day. Based on the report, the government increased teachers’ salary by between 150 and 200 per cent.

The increment was to be implemented in five phases, starting from November 1, 1997 and backdated to July 1, of the same year.

However, the other phases were not implemented until the Kanu government was removed from power by the National Rainbow Coalition in 2002.

Teachers who retired or were retrenched between 1997 and 2002 did not benefit from the increment.

This prompted Mr Mwenja and his team to seek legal redress.

TSC GIVEN ULTIMATUM
In 2004, the team, which also included former Kenya National Union of Teachers officials, sought advice from a lawyer who told them they could address the matter through the court.

Lawyer Dominic Kimatta filled a suit for 20 teachers through the Retired Teachers Group of 1997 on behalf of other retired teachers against TSC, the Attorney-General and the Director of Pensions.

The team of six set up an office in Nakuru from where they have been shuffling between different offices including the National Assembly, the Treasury and the AG’s office without success.

Then TSC Secretary Gabriel Lengoiboni was found guilty of contempt and was sentenced to a six-month civil jail term at Kamiti Maximum Prison. He, however, did not serve the sentence.

The five judges of the Supreme Court Judges Kalpana Rawal, Mohammed Ibrahim, Smokin Wanjala, Jackton Ojwang’ and Njoki Ndung’u said although the Court of Appeal judgement was delivered on November 10, 2010, the Supreme Court had not been operationalised.

The Supreme Court Act was passed on June 22, 2011.

In 2006 the Retired Teachers of 1997 Group sued the commission, claiming unpaid lumpsum from the 1997 increment.

The retired teachers won the case before Nakuru High Court Judge Justice David Maraga when the court ordered that all retired teachers covered by the agreement be paid.

Last Friday, the retired teachers gave the government a seven-day ultimatum to pay the money. Mr Mwenja said more than 1,000 members of the group have since died.