The Kenya National Union of Teachers (KNUT) has proposed an amendment to the law to compel the government to scrap the current policy that denies teachers their benefits upon dismissal over disciplinary issues.
Speaking during a teachers’ engagement forum in Kilifi County, KNUT Secretary General Collins Oyuu criticised the Teachers Service Commission (TSC) for what he termed as a discriminatory practice of withholding benefits based on disciplinary grounds.
“Our proposal as a union is that when you are dismissed for whatever reason, your behaviour should have nothing to do with your benefits. You should be paid for the time you worked. The benefits of a worker should not be pegged on their behaviour,” Oyuu asserted.
According to the TSC, teachers dismissed from service due to disciplinary issues are generally not entitled to pension benefits.
The policy is grounded in Section 6 of the Pensions Act and Regulation 181(2) of the Code of Regulations for Teachers, which stipulate that dismissal on disciplinary grounds results in forfeiture of pension entitlements.
However, there have been instances where courts have intervened. In a notable case, the Employment and Labour Relations Court (ELRC) set aside a dismissal that led to the forfeiture of pension benefits, substituting it with retirement in the public interest.
Justice Hellen Wasilwa of the ELRC allowed the claimant, Brian Odhiambo, to receive pension benefits under the Pensions Act on June 24, last year.
''It is indeed true, as held herein, that a pension already earned is a right and cannot be taken away from an employee for whatever reason. I accordingly agree with the claimant that he earned his pension, and the decision to dismiss him without his pension is unconstitutional and is set aside," Wasilwa ordered.
Meanwhile, TSC has, in recent years, indicated a willingness to let teachers appeal for their dues in the event of dismissal.
This, according to TSC, was an opportunity for those who had lost hope to earn their pensions. The teachers included those who were interdicted without receiving pensions and other gratuities.
However, teachers have decried the long waiting process and the constant callbacks that, in the end, have left them at the yoke of poverty.
According to TSC guidelines, a claimant is required to attach the declaration form, a copy of the employment letter, bank account particulars, a copy of the ATM plate, a copy of the national ID and the last payslip when appealing.
