A good number of retired teachers covered by the 1997 agreement of a 42.3-billion-shilling court award between TSC and Knut may not receive their money.
Of the 52,000 retired teachers pursuing this payment awarded by the High Court on October 21, 2008, only 20,229 appear on the Teachers Service Commission list.
Contrary to what the retired teachers claim, the TSC maintains that only 16.7 billion shillings were to be set aside by the commission for the teachers’ pension.
The commission has therefore asked the High Court through its lawyer Laurence Karanja, to announce that only 16.7 billion is to be given to the retired tutors as a pension, and not as salary arrears.
The commission also said that the 20,229 teachers appearing on their list for this award are only those who retired between 1st July 1998 and 30th June 2003.
“Teachers who retired before 1st July 1998 are not supposed to claim the award,” said Nancy Macharia the CEO of TSC through her lawyer Calvin Anyuor.
Retired teachers, who insist on their number being 52,000 and their award 42.3 billion shillings, however, think that the commission is conspiring with the pensions department to deny them their dues.
This was reported by their lawyer Dominic Kimata, who also said that the TSC should honor the agreement as it will not make sense for the commission to calculate pensions and fail to pay the said teachers.
A report submitted to the High Court said that the Pensions Director Mr. Shem Nyakutu had said that 2.1 billion shillings had been released to serve as payment for salary and pension arrears where 4300 teachers who retired between 1st July 1997 and 30th June 2003 were paid.
The teachers, however, maintain that they have not received the money.
Mr. Nyakutu has been ordered by the court to produce evidence of his claims.
The case which began on 21st October 2008, is expected to end on 17th October 2019, 11 years on.