MPs want Attorney General Githu Muigai fired over teachers' pension

NAIROBI, KENYA: Members of Parliament want the Attorney General's office restructured for poor representation of the Government in courts.

Members of the Education committee on Wednesday said they will table a report in the House reprimanding Githu Muigai for his alleged 'misconduct and poor execution of retired teachers' case in court'.

They also said the report shall recommend the AG's sacking, alleging that his office had a bad history of losing critical cases the Government had paid a lot of money for.

The lawmakers were reacting after Githu failed to appear before them in person to give 'critical answers' that would open up payment of some Sh16.7 pension cash owed to over 31,000 retired teachers.

Committee chairperson Julius Melly said it was unfortunate for the AG to show lackluster performance in the case involving retired teachers.

"We cannot stand this. He has sent a junior officer who cannot even convincingly address us. He has treated this committee with contempt and it is high time we recommend discipline," he said.

Melly said it was wrong for the AG to refer the matter to the Supreme Court, further delaying payment.

COURT PAPERS

The lawyer representing the teachers, Domnic Kimeta, yesterday said he had not been served with any court papers to indicate the matter was back in court.

"We have not been served. I have just been told about it now and it is so unfortunate. If the Government has decided not to pay the teachers let them say so," said Kimeta.

AG representative Mwangi Njoroge had said the teachers would be served by close of business yesterday.

"The matter is in court and we have been waiting for the hearing date in December by the Supreme Court. I have spoken to the Registrar and she said December is all busy," said Njoroge.

The point in question is whether the retired teachers' pension should be processed based on their last pay at the time they exited service or on what they should have earned after a teachers' union successfully negotiated their new pay.

The legislators yesterday expressed shock that the matter had been referred back to court without the teachers' knowledge.

At this point, the meeting convened to discuss the release of the cash was adjourned abruptly.

Melly said MPs expected Githu to explain which of the 'last salaries' should be used to process teachers' pension.

The controversy follows a successful negotiation of salary rise between Kenya National Union of Teachers and TSC in 1997. The deal was to benefit all teachers who were in TSC service by July 1, 1997.