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{
"id": 549190,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/549190/?format=api",
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"type": "speech",
"speaker_name": "Hon. Melly",
"speaker_title": "",
"speaker": {
"id": 12849,
"legal_name": "Julius Kipbiwot Melly",
"slug": "julius-kipbiwot-melly"
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"content": "that the first phase was to be paid by TSC in 1997 as agreed. However, four phases were not paid. The four phases ought to have been paid in 1998, 1999, 2000 and 2001. The Minister, in Legislative Supplement No.62 of 24th September 2002, revoked the remuneration of the teachers’ order of 1997. Actually, that went against the rule of natural justice because the Teachers Service Commission had actually agreed to pay. On the 21st February, 2003, in a Legislative Supplement No. 10 and after renegotiation with the Kenya National Union of Teachers (KNUT), the Minister reinstated the Principal Order that is the one of 1997. He agreed, as per the re- negotiations, to honour that agreement and implement it in ten years. The period of implementation reduced to six years commencing on 1st July, 2003 and finally five years due to improved performance of our economy. This was not fully implemented by 30th June, 2007. The retired teachers first of all petitioned Parliament on 23rd March, 2012 under the auspices of retired teachers who retired between 1997 and 2007. They were a total of 52,338 teachers and are beneficiaries of Legal Notice No. 534 of 1997. They also got a High Court ruling or decree under the High Court Case No. 65 (HCC No. 65) of 2006 and the Court of Appeal Case No. 300 (CAC No. 300) of 2009. I have attached this as an appendix on that particular Report. The teachers and the two institutions, that are Parliament and the High Court, granted that those teachers need to be given their dues. I want to show that our teachers and especially the retired teachers are really suffering. I note this because I have met those teachers as a member and Vice Chairman of the Departmental Committee on Education, Research and Technology. I have seen them; they are old, frail, some of them are sick and a majority of them have died. A number of Members of Parliament have raised it to show that this is a very serious issue. I am urging Members to support that those teachers be paid. I just want to give you examples of a few Members who have really tried to assist those teachers be paid. On 23rd June, 2010, Hon. Danson Mungatana and Hon. Olago Oluoch raised the same issue in this House. On the 7th December, 2010, Hon. Silas Ruteere and Hon. James Maina Kamau did the same thing. They said that that those teachers be paid. On 1st November, 2011, Hon. John Pesa, Hon. William Kabogo, Hon. John Baiya and Hon. Martha Karua also raised the same issue in this particular House. To show that this is a serious issue that this House needs to dispense with and come up with a very clear resolution that the retired teachers be paid, Hon. John Pesa, Hon. Bonny Khalwale who is now a Senator, Hon. Olago Oluoch, Hon. Martha Karua, Hon. Gitobu Imanyara and Hon. David Koech raised the same issues on payment of teachers on 22nd February, 2012. I want to say this, that the issues that the teachers have had have been deliberated in Parliament severally. In this particular Report, I have annexed the HANSARD proceedings. The Tenth Parliament approved Kshs3.34 billion out of the Kshs16 billion that was required. However, the teachers were not paid since Treasury was waiting for the legal opinion from the Attorney-General (A-G). I want to report to this House that my Committee has met the current Treasury Cabinet Secretary (CS), the Controller of Budget (CoB), the Solicitor General (SG) and even A-G over the same issues. I point out that the CS of Treasury indicated to us that they are willing to set aside funds to ensure that those teachers are paid. It is only the legal opinion from the A-G, which I think, is holding this particular back issue. 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."
}