AG denies role in delayed teachers pension scheme
20 December 2013, 08:21
Nairobi - Attorney General Githu Miugai has denied having played a role in the delaying of KES 42.3 billion meant for 52 teachers’ retirement benefits.
Prof. Muigai filed an application yesterday challenging the Court Of Appeal and the High Court decisions which were published in local daily newspapers.
In the appeal the Attorney General has faulted the rulings made and the manner in which the said teachers are to be paid the alleged pension money according to the Pensions Act.
“The decision of the court to interpret the provisions of the Pensions Act in a manner that entitled the teachers to pension is based on the amount unpaid salaries rather than the actual amount that appeared in the pay slip was wrong,” Prof Muigai said.
The Ag argues that Section 10 of the Pensions Act, states that the pension of an officer is computed based on the amount of salary that appears on the pay slip, which is the actual salary that was received by the officer at the end of his employment.
He alleges to have written to the Court of Appeal on September 16, seeking to have the matter expedited yet the matter is still pending and awaits a hearing date.
The two courts in their rulings, ordered the pensions department and the Teachers Service Commission to compute the pensions arrears of the retired teachers in accordance with the 1997 pay agreement between the Teachers Service Commission and the KNUT which gave the teachers hefty salary increases.
The government was unable to pay the increases citing economic constraints.
Nakuru High Court judge David Maraga ruled that the retired teachers covered by the agreement dated October 11, 1997 between the TSC and KNUT were entitled to their retirement benefits based on TSC Circular No 13/97.
Court of Appeal judges Moijo ole Keiwua, Onyango Otieno and Joseph Nyamu reinstated the orders after the TSC challenged the award.
By February 2010, the money had accrued interest to more than KES 42.1 billion.
The Retired Teachers of 1997 Group sued TSC in 2006 claiming unpaid lump sum salary increment and accrued pension from July 1997.
The High Court and later the Court of Appeal directed TSC to pay the pensions, salary and allowance arrears to the retired teachers in 2010.
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