Retired teachers tell of misery in battle for Sh52bn pension

Mr Stephen Kanai 75, a retired teacher is a case study of the struggles the teachers go through after leaving the Teachers Service Commission payroll.

After retiring in 1998 at Bondeni Primary school in Nakuru, he was looking forward to enjoying his pension in his sunset years.

However, little did he know that the fight for his retirement benefits would be his next full time occupation after retirement, an uphill task revolving around the corridors of justice.

For 28 years, the sexagenarian is among the 52,000 retired teachers who have been locked in a fight with the TSC over their pension amounting to Sh43billion.

As he walks round his compound at Teacher’s estate in the outskirts of Nakuru town, the father of five curses as he ponders what fate has in store for him.

His feeble legs can barely move as he makes short steps into the house.

Mr Kanai is recovering from a medical complication after spending about two months at the Intensive Care Unit at the Karen Hospital.

His doctors advised him to keep exercising as his condition improves but age has obviously slowed him down.

As he continuously shows gratitude to his creator, his mind is clogged with thoughts of how to repay a Sh6 million loan he took to settle a medical bill.

“I had to take a loan to cater for my medical attention hoping that the TSC would release my pension benefits amounting to Sh1.3million,” said Mr Kanai.

He said many of his colleagues have died.

STRUGGLE

The retiree, whose monthly pension is Sh8,000, said he is struggling to pay for his medication expenses which amounts to Sh24,000 per month.

“I have been forced to sell my little property which I bought while working as a teacher and occasionally I am forced to hold fundraisers to foot the bills,” said Mr Kanai.

His life mirrors that of a majority of 52,000 retired teachers who benefited from a salary deal that increased their pay substantially in 1997.

The matter has been pending in court for the last 12 years and among the top judges who have handled the matter is Justice David Maraga, currently the Chief Justice.

On October 23, 2008, in his judgment Justice Maraga ordered TSC to process pensions based on the salary award in the 1997 agreement.

However, like other previous judgments the order has not been fully implemented.

Mr George Khahi Kibidi 77, says he has been reduced to a beggar as the government clings to his Sh2million pension.

“I have been begging my children for the upkeep as if I did not work during my youthful days,” said the former head teacher at Mereroni Primary School in Lanet who retired in 1997.

“Teaching used to be a respected profession and as dedicated teachers we gave out the best and it is unfair, for the government to treat us as second class citizens,” he said.

“With the rising cost of living, my current pension of Sh9,000 monthly is just a drop in the ocean. It is unfair for the government to keep playing tricks with us knowing very well that the case was finalised 10 years ago,” said the retiree.

Mr Alex Kiplangat Marisoi, 72, also a former teacher, has been suffering from diabetes for 26 years.

He has been in and out of hospital in search of treatment since retiring from Ringa Primary School in Kedowa, Kericho County. His children were still in school when he retired.

It has since been an uphill task as he spends Sh20,000 a month to cater for his medical expenses.

“I have depleted all the savings. I appeal to the government to give me the money before I join my maker,” said Mr Marisoi who is partially blind.

He is claiming Sh2 million pension and salary arrears.

COURT CASE

In 2005, 20 retirees moved to court on behalf of the 52,000 others across the country seeking orders for “a declaration that as teachers they were entitled to retirement benefits inclusive of all other benefits provided for in the 1997 agreement.”

Through lawyer Dominic Kimatta, they successfully sued the TSC, accusing it of failing to honour the agreement.

Subsequent appeals by the commission and the Attorney General against the judgement in higher courts were unsuccessful after the supreme Court in 2008 reaffirmed the ruling.

So far, only 1,623 former teachers have been paid the money.

Mr Gidraff Kimatta, the secretary general of the retired teachers, it has been a tough experience for the retirees.

According to Mr Kimatta, about 2,000 members have died in the course of the legal proceedings.

“The government has totally shown us that it does not care about its senior citizens who played a huge role in shaping the future of this country," said Mr Kimatta adding: “It is a shame that teachers are left to wallow in poverty and old age because someone has refused to give them their constitutional rights.”

The 77-year-old explained how it pains him every time he receives information of his colleagues passing away due to neglect and accused the government of indifference to their plight.

The retired teachers at one point sought to have the TSC Chief Executive Nancy Macharia committed to civil jail term for failing to pay the retirees but she passed the blame to the pensions department. The court in October 2016 fined the Director of Pensions Sh200,000 for disobeying court orders.