The Nakuru high court has dismissed an application by the Teachers Service Commission’s (TSC) secretary Gabriel Lengoibon seeking more time to pay Sh42.3 billion owed to retired teachers.
Justice Hellen Omondi declined the application saying TSC were dragging paying retired teachers’ salary arrears and pension.
“To make the commission pay the ex-teachers who sued it in 2006, claiming unpaid lump sum salary increments and accrued pension from July 1997, the court dismisses the application,” said Justice Omondi.
Lengoibon moved to court asking for more time to pay part of the money owed to the retired teachers in a bid to avert arrest. He urged the court to add the TSC more time to honour the promise arguing that he had taken necessary steps towards clearing the debt including consulting various relevant government agencies.
A. Stima, Lengoibon’s lawyer said, “My client has been engaged in high level consultations with relevant offices including the Treasury to ensure the teachers are paid. Compliance involves collaboration with many offices which is taking time.”
Justice Omondi ordered a stay of the orders issued on May 16, by High Court Judge Anyara Emukule who issued a six-month suspended sentence and committed the TSC boss to civil jail for contempt of court after he failed to obey an earlier order directing him to pay retired teachers’ salary arrears and pension.
Justice Emukule had ordered the Inspector General of Police David Kimaiyo to arrest and jail Lengoibon at the Kamiti Maximum Prison if he failed to release the money in three months. With the grace period expiring on Saturday August 16, Lengoiboni filed documents in court saying he has been holding meetings with the Treasury, the Controller of Budget, the Auditor-General and the Parliamentary Committee on Education to resolve the issue.
Documents presented in court showed that the retirees’ advocates, Attorney-General’s office and the parliamentary Committee on Education are also involved in consultations on ways of implementing the payment.
The court slated further hearing of the matter on August 27.