A former Kenya Railways employee has petitioned the National Assembly seeking the assistance of Members of Parliament in the settlement of his pension after working for the company for 17 years.
The petitioner, Benson Asiago, through Bonchari MP Charles Onchoke, wants Parliament to, among other things, take administrative action against the management of Kenya Railways for violating rights enshrined in the Constitution under the Fair Administration Act, 2016.
"Article 10 of the Constitution provides for the values and principles of governance. This is binding on state organs, state officials, public officers and all other persons," reads the petition.
Mr Asiago, in his petition, has asked the National Assembly to recommend the payment of his delayed pension dues.
"Article 1 of the Constitution vests all sovereign powers in the people of Kenya, the people of Kenya have delegated legislative powers to Parliament as the representatives of the people," the petition reads.
According to the petition, which is currently before the National Assembly, Mr Asiago worked for Kenya Railways for 17 years from January 1968 to April 1985 as a stationmaster on a permanent and pensionable basis.
Later in 1985, Mr Asiago responded to an advertisement by the University of Nairobi for an Assistant Accountant and, as civil servants in government and parastatals were eligible to apply through their Heads of Departments, he was successful and transferred to his new post.
The petition states that Mr Asiago was formally released by the then Managing Director of Kenya Railways to report to the University of Nairobi, where he worked for 22 years until his retirement in 2006.
After his retirement, Mr Asiago's problems with Kenya Railways began when he tried to claim his pension.
"The University of Nairobi and the Kenya Railways Corporation have mutually agreed that the latter would pay Mr Asiago's pension for the 17 years he worked for the corporation. However, the University of Nairobi has paid Mr Asiago's pension for the period worked, but Kenya Railways has not paid his dues to date," the petition reads.
Mr Asiago says in the petition that he has twice approached the courts but has been told that he is time-barred, forcing him to now seek justice from Parliament.
The petitioner says that Kenya Railways told him that the University of Nairobi should have paid his pension for both the 22 years he worked for them and the 17 years he worked for the company.
According to Kenya Railways, Mr Asiago has refused to accept a pension of Sh527.20 per month that they have offered him and has also refused to collect a pension cheque.
However, Mr Asiago says he is not aware of any cheque issued by Kenya Railways in 2007 as claimed by the company.
He has also rejected the Sh527.20 offered by Kenya Railways as his monthly pension, saying he is entitled to Sh9,002.45 per month, calculated from his last salary in 2006.
The National Assembly Committee on Public Petitions now has 60 days to consider the petition and report its findings to the House.
In considering the petition, the committee will summon both the management of Kenya Railways and Mr Asiago along with other relevant stakeholders before submitting its final report to the House.
