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Pensions boss faces arrest, jail over retired teachers’ pay

A Nakuru court has ordered the Director of Pensions Shem Nyakutu be arrested and take to Kamiti Prison to serve a one-month sentence for disobeying a court order.

The court issued the orders in a case where Mr Nyakutu disobeyed an order to pay 52,000 retired teachers Sh1.5 billion that is part of their Sh42.3 billion salaries and pension arrears.

The retired teachers’ lawyer Dominic Kimata on Thursday obtained the arrest warrant and order committing the pensions’ boss to jail.

The court had on February 28 suspended Mr Nyakutu’s one month jail term for two weeks to give him time provide evidence of payment to the former teachers as directed by the court last year.

Lady justice Janet Mulwa had stated that Mr Nyakutu would be arrested and start serving the sentence if he fails to provide evidence.

The pensions’ boss had told the court that he had complied with all the order by clearing the payment of the retiree’s claims.

He however requested the court to allow him time compile a list of names needed as evidence of payment to the retirees.

On Thursday, the retirees’ lawyer said Mr Nyakutu had not provided evidence of the payment.

“The 14 days suspended jail term issued by Justice Janet Mulwa expired yesterday (Wednesday) upon which the pensions was left with no option but to start serving his 30 day sentence,” said Mr Kimata.

The court heard that the Pension’s office had completed payment of the 1998 claims by February 20, 2017 and had embarked on processing the 1999 and 2000 retirees group.

The retired teachers, however, told the court that they have not received any money from the pension’s office.

The Teachers Service Commission (TSC) had also accused the pension’s director of frustrating their efforts to comply with court orders.

TSC chief Executive Officer Ms Nancy Njeri Macharia, who is also facing six months jail term for failing to facilitate the payment, said the pension’s office had declined to receive the claim forms.

The lawyer representing the TSC told the court that they were chased away by the guards at the pension’s office when they delivered the claims for processing.

The orders will be served to the Inspector General of Police Joseph Boinnet.

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