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{
    "id": 548726,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/548726/?format=api",
    "text_counter": 390,
    "type": "speech",
    "speaker_name": "Hon. Melly",
    "speaker_title": "",
    "speaker": {
        "id": 12849,
        "legal_name": "Julius Kipbiwot Melly",
        "slug": "julius-kipbiwot-melly"
    },
    "content": "The Committee found out that these retired teachers have exhausted all the avenues. They are making a plea to this House. They have gone to court and won the case. In fact, during a sitting of the Committee with the Attoreny-General, the Cabinet Secretary (CS) for the National Treasury and the Director of Pensions, we agreed that the retired teachers be paid. However, one of the issues that came up, and I want the House to note this, is that the Office of the Attoreny-General was not able to determine the legality of this payment. They brought up the issue of the last payslip, which is not right. This is because the teachers worked, they were given salary increments in 1997, their contracts exist and are valid. The Office of the Attoreny-General should clearly advise Treasury and the Controller of Budget and this money should be paid. In our submission, the Committee recommends the following: We recommended that the rulings of the High Court of 23rd October 2008 and of the Court of Appeal of 2nd November 2010 be upheld, respected and the orders be obeyed accordingly. This House and our Government are respecters of law. We respect the rule of law. Once the High Court ruled, the Government moved to the Court of Appeal. They were also ordered to pay. I am appealing to this House to resolve that the Government should set aside funds to pay these retired teachers. We also recommend that the figure of Kshs151 billion that was brought by the Controller of Budget and the Attorney-General dated 8th August 2012 be discarded forthwith because it is grossly incorrect. Instead, the figure of Kshs42 billion provided by the retired teachers’ lawyer and TSC be taken as the right figure. We are disputing the Kshs151 billion because that figure was brought up by the office of the Controller of Budget and the Attorney-General so as to give an impression that the figure is unmanageable. In real sense the figure that the retired teachers require is Kshs42 billion. This can be computed to the exact details. We also recommend that the pension figure be paid immediately from the Pensions Department, starting with Kshs16 billion which the Controller of Budget and the Cabinet Secretary of the National Treasury had indicated was readily available, then enter into an agreement on how to pay the balance. In our deliberations, the Controller of Budget and the National Treasury Cabinet Secretary indicated that the Government had Kshs16.7 billion ready to pay the retired teachers. If that is the case, the Committee recommends that these teachers be paid that amount and they negotiate with the Government on how the balance can be paid so that this issue is settled once and for all. Another recommendation is that the Ministry should consider adjusting the monthly pensions accordingly and immediately. The pensions earned by these retired teachers are peanuts. I want to concur with the Member for Rongo who was here a few minutes ago. He said that if pensions are not adjusted--- He gave a case of a former senior Government official who is earning a paltry Kshs6,000. These figures should immediately be adjusted accordingly to enable the teachers to get their dues, so that they can support their grandchildren, pay their medical bills and access their basic needs. If you looked at the retired teachers who appeared before the Committee, you would see that they were really a desperate lot. In fact, they indicated that they were senior citizens in their late 70s and 80s. They told us that a number of their colleagues have died because of desperation. A number of them cannot get a decent meal. These are the same gallant The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}