More than 4,000 former employees of the Postal Corporation of Kenya (PCK) have asked the High Court to commit the chief executive officer of the Retirements Benefits Authority (RBA) to jail for defying a court order to re-calculate their pensions.
Justice George Odunga had directed CEO Nzomo Mutuku to calculate the amounts within 60 days from February 22, 2018.
The pensioners’ lawyer Titus Koceyo told the judge that the period lapsed in April 22, 2018 yet Mr Mutuku has not discharged his duties.
“I urge this court to allow the pensioners' plea to file a contempt of court case against Mr Mutuku defying this court's order,” Mr Koceyo urged.
Mr Koceyo said he will be pressing for the jailing of Mr Mutuku for a period not exceeding six months for disobeying the order of Justice Odunga.
“It is in the interest of justice and fairness that this application to commit Mr Mutuku to jail is allowed to safeguard the dignity of the court orders,” Mr Koceyo said.
The more than 4,000 claimants were employees of the defunct Kenya Posts and Telecommunications Corporation (KPTC) before it was split into PCK, Telkom Kenya and Communications Authority of Kenya (CA).
Pensions for employees who joined these three entities would be calculated as per the rules of KPTC pension scheme at the time of exit.
The lawyer was directed to serve the contempt application to the RBA chief executive for hearing on February 7.
The pensions watchdog gave PCK a 30-day directive following the order by Judge Odunga that all former PCK employees be paid in accordance with KPTC rules.
The pensioners will take home billions of shillings in terminal dues.