Court backs sacking of TSC staffer in pension scandal

A judge has upheld a decision by the Teachers Service Commission (TSC) to sack an officer for diverting teachers’ pension payments to the wrong bank accounts.

Mr Meshack Okong'o was dismissed from the TSC on October 22, 2019, for allegedly colluding with unknown persons to divert teachers' pension benefits to the wrong bank accounts. He was an officer in the Pensions Division.

Dismissing a suit filed by Mr Okong'o seeking reinstatement to work and damages for wrongful termination, the Employment and Labour Relations Court found that his dismissal was fair and procedural.

"The TSC’s finding of wrongful diversion of pension payments of teachers’ retirement benefits to the wrong bank accounts, and further establishing through persuasive and consistent evidence that the claimant was on a “balance of probability” culpable, is in my opinion fair, valid and justifiable reason to dismiss the claimant," said Justice Christine Baari.

The judge further noted that Mr Okong'o admitted both in his oral testimony and through his pleadings in court that he worked on documents that did not have the TSC’s official stamp.

He also admitted working on files that were out of his range without the authority of his supervisor, said the judge.

TSC said that it received complaints of wrongful diversion of pension payments of retirement benefits to the wrong bank accounts from the National Treasury and that preliminary investigations pointed to the culpability of Mr Okong'o.

It convened a Discipline Investigating Committee comprising eight members, who interrogated the officers at the Pension Division Mr Okong'o.

The court heard that in consideration of the evidence adduced, the Committee duly resolved that there was an aspect of collusion between the claimant and other persons to illegally divert Retirees’ Pension dues, and recommended that he be interdicted.

Investigations established that all the claims in issue were prepared and computed by Mr Okong'o, out of which, only two ranges fell within his assigned areas of duty.

The rest of the ranges that he worked on were done without the authority of his supervisors. TSC presented four witnesses to testify in support of its defence case.