A warrant of arrest has been issued against Director of Pensions Shem Nyakutu and Solicitor-General Njee Muturi for failing to appear in court over a case in which retired teachers are seeking Sh42.3 billion.
“The court wants to see the two in person to explain the delay in the disbursement of the funds and why they have failed to honour orders by the Supreme Court. That is how serious we are with this case,” High Court judge Janet Mulwa ruled Monday.
The Teachers Service Commission (TSC) CEO Nancy Macharia and the two had been summoned by the court to explain why the 52,000 retired teachers have not been paid their Sh42.3 billion pension arrears as ordered by the Supreme Court.
The TSC boss, who was present in court Monday, defended herself, saying the commission has no mandate to pay pensions. She said its role is to make claims and liaise with the director of pensions for disbursement.
“The dilemma we are in cannot be handled by the TSC alone. We have to liaise with other government offices to effect the payments,” said Ms Macharia.
She disclosed that the commission is working with relevant offices and part disbursement is at an advanced stage.
“The retirees will soon be paid Sh3 billion, which has been approved by Parliament,” she said.
Ms Macharia faces a six-month jail term for contempt of court regarding orders directing the TSC to liaise with the relevant offices to pay the retired teachers.
The former teachers instituted contempt of court proceedings against the TSC boss early last month.
The ex-teachers’ lawyer Dominic Kimatta told the court that the Attorney-General’s office was derailing payment.
He unsuccessfully requested the court to also summon the AG, whom he accused of failing to advise the State on the need to release the pension arrears.
“Why should the process take the relevant offices so long yet the teachers’ records are available?” he asked. Hearing is set for August 15, with Mr Nyakutu, Mr Muturi and Ms Macharia expected to appear in court.