Kenya Union of Post Primary Education Teachers (KUPPET) has now asked teachers who were interdicted by the Teachers Service Commission (TSC) without being paid their pension and other gratuities to officially render their complaints with their respective Branch Executives Secretaries for follow up.
In an internal memo dated April 25, 2023, signed by the union Secretary General Akelo Misori; all the union Branch Executive Secretaries have been instructed to mobilize any such teachers from their branches in order to make the applications.
This follows the recent judgement from the Employment and Labour Relation Court that gave guidance that any legal provisions that requires persons dismissed from service to forfeit all claims to pension is unconstitutional since it contravenes the clear provisions of Article 41 (1) and 2 (b) of the constitution on fair labour practices and working conditions, Article 40 on the protection Article 43 (1) (e) on the right to social security.
“In order to safeguard the teachers’ social security rights, the union wishes to inform all teachers who were dismissed to apply for their pension, with copies served on the union,” said Misori in the memo.
The union notes that some affected teachers who have pursued such benefits were turned back by the commission.
“Following the judgement, all public servants including teachers who were dismissed from Employment before their statutory retirement age have the right to their terminal benefits including pensions and/or gratuity, ” added Misori.
The teachers are suppose to approach their KUPPET Branch Executive Secretaries and make the formal application addressing it to the Commission Secretary and Chief Executive Officer (CEO ) Dr. Nancy Macharia through their Branch Executive Secretary and the The Secretary General KUPPET Head Office.
They are required to attach the Declaration form, copy of employment letter, bank account particulars, copy of ATM plate, copy of National ID and the latest payslip.
By Roy Hezron
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