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Agony of retired teachers seeking Sh42bn pension

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By JOSEPH OPENDA
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Blame games, disobedience of court orders and numerous adjournments is what has characterised the over 18 years-long court case by 52,000 retired teachers seeking Sh42.3 billion salary and pension arrears.

The former teachers, under Retired Teachers 1997 Group, say the government has been playing games with them in their efforts to get the money which was awarded to them by the court in 2008.

Their unpaid dues have been accruing interest at the rate of 14 per cent per annum since the initial judgement was made by Justice David Maraga on October 23, 2008 against the Teachers Service Commission.

The fight for their pension has been one that is bruising and deadly. More than 2,000 members have since died without tasting the fruits of their labour.

The former teachers have exhausted all legal avenues that blocked the payments having won all cases filed by TSC.

When they resolved to move to court they were still strong, energetic and ambitious after having just left the classroom two or three years back.

However, after 18 years of a vicious court battle, things are now different as the retirees have become frail, sickly and are on the verge of losing hope. Majority are in their late 70s and 80s.

It all began when the government failed to honour the 1998 agreement between the TSC and the Kenya National Union of Teachers (Knut) following successful negotiations.

The agreement involved paying all teachers who were serving and those who were on leave pending retirement from July 1, 1997 – a lump sum pay over and above their monthly salaries.

However, the government failed to honour the deal leading to the legal showdown.

The standoff seemed to have been nearing an end in 2008 when Justice Maraga, then the High Court judge in Nakuru, pronounced himself on the case ruling in favour of the ex-teachers.

Justice Maraga noted that all teachers were entitled to full pay increment at the time of their retirement.

He further ordered TSC and pensions department to pay all retired teachers covered by the 1997 deal their full benefits.

But the payment was delayed by subsequent appeals by the TSC.

The Supreme Court however confirmed Justice Maraga’s judgement in 2015, taking the TSC and pensions department to task.

Surprisingly, three years later the ex-teachers were still in court chasing the money after it failed to reach their accounts.

Neither the numerous court orders nor the punishment of government officials has been able to solve the problem.

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For instance, the courts on several occasions ordered the two agencies to pay the retirees but each time the case was mentioned the report on the compliance of the orders was always negative.

In August 2016, Nakuru High Court judge Janet Mulwa ordered director of pensions Shem Nyakutu to release Sh1.5 billion that had been approved by the National Assembly towards the settlement of part of the total amount within 30 days.

The court was later informed that the money was not paid.

Similar orders were made on August 1, 2018 directing Mr Nyakutu to file a comprehensive report showing the status update on the payment and produce a list of the claimants paid.

This was after the retirees accused him of misleading the court by supplying a list of names with glaring irregularities which he claimed to have cleared payment.

The pensions boss is among the government officers who have found themselves in court standing on the dock to respond to questions regarding compliance with the orders.

Others who have appeared in court are TSC Chief Executive Officer Nancy Macharia, her predecessor Gabriel Lengoiboni and the Controller of Budget Agnes Odhiambo.

Ms Macharia and Ms Odhiambo shifted the blame to the pensions office after claiming to have complied on their parts.

Ms Macharia said her office had processed more than 25,000 claims which they have forwarded to the pensions office for payment.

Ms Odhiambo – who appeared in court on October 25, 2016 – denied claims by the pensions director that her office had refused to approve the claims for payment.

Mr Nyakutu was fined Sh200,000 after the court found him guilty of contempt.

As the counsels passionately exhibit their prowess in defending their bosses in court, their former teachers continue to wallow in misery.

Mr George Khahi Kibidi, 77, who retired in 1997, says he has been reduced to a beggar.

“We used to be respectable members of the society but what is happening now is really unfair. Our own students playing circus with our retirement benefits,” Mr Khahi said.

Retired Teachers 1997 Group chairman Gidraff Kimatta is nonetheless optimistic that 2019 will be a fruitful year compared to 2018 that had numerous adjournments.

“We will appreciate when this matter is solved for once so that the teachers can spend their sunset days in peace,” he said.



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Public officers above 58 years and with pre-existing conditions told to work from home: The Standard

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Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.

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However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.

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Uhuru convenes summit to review rising Covid-19 cases: The Standard

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President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow

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Drastic life changes affecting mental health

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Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.

KBC Radio_KICD Timetable

Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.

Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.

The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.

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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.

In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020.  It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.

A study by Dr. Habil Otanga,  a Lecturer at the University of Nairobi, Department of Psychology says  that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.

The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.

KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.

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Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.

As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.

“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”

Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.

“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.

Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.

“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”

Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.

“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.

Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.

Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.

She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.

Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.

“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added

Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.

“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and  also engage in   reading that would  help expand their knowledge.

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