Retired TSC Teachers: Decades of Struggles for Unpaid Pension Dues
In an effort to end a lengthy teachers’ strike, the Kenyan government reached an accord with the Kenya National Union of Teachers in 1997 to increase their salaries and pensions.
In the agreement contained in legal notice no. 534 dated November 11, 1997, the Teachers Service Commission agreed to pay all active and pending retirement teachers a lump sum payment in addition to their monthly compensation beginning July 1, 1997.
The award of Sh42,3 billion was to be implemented in five phases, with the lowest-paid teacher receiving 200 percent of their July 1997 salary and the highest-paid teacher receiving a 150 percent increase.
However, following the 1998 payment of the initial phase, no further payments were made.
Upon losing patience with the government, six teachers, who had since retired, embarked on a legal journey to have TSC compelled to honor the agreement.
The six—Gidraff Kimatta, Joseph Mwenja, Daniel Kamau, Simon Kamau, Samwel Karanja, and Patrick Mwangi—filed a lawsuit against the government in 2004 on behalf of 50,000 colleagues through the law firm of Kimatta and Company.
And despite the fact that the case was successful across all levels of the Judiciary, their objective has not been realized twenty years later.
Judge David Maraga of the Nakuru High Court made the historic decision in October 2008 that teachers should receive a full salary increase upon retirement.
But they had no idea what a herculean task it would be to ensure that the court orders were carried out.
Mr. Karanja has since passed away, while the treasurer, Simon Peter, and the assistant secretary, Patrick Mwangi, are ill and have ceased going to work.
The chairman of the retirees is Mr. Joseph Mwenja, and Mr. David Kamau is his vice chairman. The secretary is Mr. Giraff Kimatta.
Mr. Kimatta, an articulate, eloquent, and engaging speaker who has always stood out in his previous press briefings for his eloquence and vitality, has difficulty walking. His carefully maintained hair has turned white.
The retirees continue to fight for their just compensation despite the Court of Appeal and Supreme Court upholding the judgment.
Although they remain resolute in the battle, their age is quickly catching up with them. Former civil servants are frail and ill in their retirement years, and time is not on their side.
The health and status of their officials, who have been leading the struggle, are of even greater concern. Mortality, illness, and incapacity have been problems for elderly officeholders.
At the office of the Retired Teachers 1997 group, located on the third floor of the Equator building on Kenyatta Avenue in Nakuru city, there is little activity along the building’s staircases, which were once bustling with retired teachers.
Now, however, the office is rarely accessible, as the officials only meet once per week.
Even though Mr. Giraff Kimatta is 81 years old and has declining vitality, he still has charisma in his speech. After suspending his boots at Our Lady of Mercy Primary School in Bahati, he was approximately seven years into retirement.
He acknowledges receiving the initial portion of the bonus in November 1997, which was a 35 percent increase, but he never received the remainder.
The Teachers Service Commission (TSC) blamed the pension’s office for failing to release the money despite being served with claims from the TSC.
Nakuru High Court judge Janet Mulwa, in her orders of August 15, 2016, ordered the director of pension, Mr. Shem Nyakutu, to disburse the Sh1.5 billion allocated in the budget to the retired teachers, beginning with those who retired in 1997.
However, Mr. Nyakutu, who was subsequently summoned to court, was slapped with a Sh200,000 fine for contempt of court over his failure to obey the orders for the payment of the retirees’ dues.
In an effort to ensure compliance, the court summoned a number of officials, including the Controller of Budget Agnes Odhiambo and the Auditor General, to shed light on the matter.
Mr. Kimatta explains that, despite numerous efforts, the case has continued to linger in court. According to the secretary, a minimum of 4,000 members have passed away, and the majority are ill.
He explains that both the National Assembly and the Senate have debated the issue numerous times, but each time the ministries make promises that they do not keep.
In 2010, the Education Minister was summoned to clarify the issue, which was attracting public interest for the first time in Parliament. Prof. Patrick Olweny, then-assistant minister for Education, testified before Parliament on December 7, 2010, that the total amount owed to retired teachers was Sh42,3 billion.
And after a two-year trial, Justice Maraga rendered a verdict in favor of the educators.
“After the ruling, the TSC remained silent for a year before we learned they had filed an appeal, causing the case to stagnate. Mr. Kimatta stated.
The late Chief Justice at the time, Evans Gicheru, directed the Court of Appeal to expedite the case. Justices Ole Kirwa, Onyango Otieno, and JJ Nyamu of the Court of Appeal upheld the High Court’s decision on November 12, 2010.
Following the second round of victories, the retired teachers petitioned the Nakuru High Court for judicial review in an effort to compel the TSC to comply with the orders.
Before the applications could be decided, however, then-Attorney General Githu Muigai filed an appeal with the Supreme Court. The Court of Appeal, which at the time was the nation’s highest court, had resolved the issue, so the Supreme Court dismissed it.
Gabriel Lengoibon, the former CEO of TSC, was held in contempt of court in 2015 for neglecting to comply with court orders to pay the money.
Parliament discussed the matter further on April 30, 2015, when a resolution was passed to pay the money owed to the retired instructors. This resulted in a supplementary budget allocation of Sh1.5 billion for the payment of claims.
However, according to Mr. Kimatta, only 7,000 of the total 52,000 instructors have been compensated thus far.
In the most recent instance, Treasury Cabinet Secretary Njuguna Ndung’u testified before the Senate Committee on Education on August 7 after claiming that the Treasury had paid Sh16.08 billion to 23,487 retired teachers.
The teachers had objected to Prof. Ndungu’s statement, which they deemed misleading because the matter was still pending court determination.
The difficulty of the journey has weighed heavily on the officials.
Mr. Mwenja lamented that the sufferings and fatalities of their members have left them and their families with a sense of helplessness and mental trauma.
He lamented the government’s decision to violate the elderly’s constitutional rights by subjecting them to anguish and suffering.
With coordinators in all 45 counties, the officials are concerned that they may die before receiving their compensation. Despite the difficulties, they have maintained optimism and taken pride in their service as educators.
They say, the judiciary has already done its part, but the order enforcers are failing in their duties.
Retired TSC Teachers: Decades of Struggles for Unpaid Pension Dues
