By Felix Njenga
Worth Noting:
- In a disciplinary case no. 077/07/2012/13/14 dated 23/11/2012 for dismissal addressed to Sabwami read that ” I am directed by the teachers service commission to say that the commission has carefully considered your case and has determined you should be dismissed from the teaching service with effect from 15th november 2012 for the following reasons, you deserted duty with effect from 9/1/20121 to date after you were transferred from Napara primary school to Mwiyenga Primary school. NB; salary overpayment will follow up from you as per payroll records” signed by K.W Yator for secretary TSC and copied to DSO Bumula district box 40-50200 Bungoma.
- On 21st October 2014 sabwami wrote to TSC appealing against his disciplinary case saying that he never received any documents in relation to the disciplinary case.
A 49 year old teacher is appealing to his fellow teachers to assist him with financial aid so that he can be able to sue the Teachers Service Commission (TSC) and the Kenya National Union of Teachers (KNUT) for not upholding his rights as teacher after two people colluded to pronounce him dead after he got sick in 2012 hence pocketing his pension benefits which has accumulated to Sh7.8 million.
Titus Sabwami Mukwani TSC No. 407098, a father to 24 children and a husband to three wives has been seeking justice for over 10 years where he has been storming the offices of the ministry of education, ministry of labour, TSC Executive Secretary, TSC Integrity Head, TSC Regional Director Bungoma, KNCHR disability, KNUT and DCI looking out for anyone to help to no avail.
Sabwami during an interview narrated his ordeal saying that in 2012 while working at Sirakaru primary school he got sick and rushed to hospital and was diagnosed with obstructive airway disease Asthma which affected his head and was treated but was also left with a disability where he has been registered as a beneficiary of the National Council for Persons with Disabilities.
“In my line of duty I became sick and was taken to hospital and my condition left me with a disability and I applied for a card with the NCPWD of which I am a beneficiary,” he said.
He said that he was dismissed from work and a disciplinary action taken against him without his knowledge.
In a disciplinary case no. 077/07/2012/13/14 dated 23/11/2012 for dismissal addressed to Sabwami read that ” I am directed by the teachers service commission to say that the commission has carefully considered your case and has determined you should be dismissed from the teaching service with effect from 15th november 2012 for the following reasons, you deserted duty with effect from 9/1/20121 to date after you were transferred from Napara primary school to Mwiyenga Primary school. NB; salary overpayment will follow up from you as per payroll records” signed by K.W Yator for secretary TSC and copied to DSO Bumula district box 40-50200 Bungoma.
On 21st October 2014 sabwami wrote to TSC appealing against his disciplinary case saying that he never received any documents in relation to the disciplinary case.
‘I kindly ask to be given copies of all relevant documents and be granted a chance to fend myself,’ read part of the letter.
He said that he never was invited to defend himself in a disciplinary committee.
He said trouble set in when national bank on 28th February 2012 wrote to him requesting that he clears his outstanding loan of sh 446,038=35DR and sought the help of Emmanuel Kakai who agreed to buy a 2 acre piece of land from him for Sh 1.3 million.
“Kakai, who is a KDF officer requested to pay Sh 200,000 installment where the sale agreement was overseen by Emmanuel Kakai, an advocate and later pay Sh 1.1 million within 1 year,” he said.
He said to date Kakai has not honoured the agreement but instead took advantage of his ailment and grabbed all his necessary documents and made communications with TSC where the two claimed that they were his biological sons and that he had passed on hence being incorporated as dependents.
In what is termed as fraud KNUT D/S/G Hesborn Otieno Idris and assistant director pension Maureen Otieno sango necessitated the move for equity bank to make payments to the A/C No. 05001913889837 in June 2022 by nominating Boaz Kakai named as a dependant and brother to Sabwami, Mmanuel Kakai listed as a son and Frankline Kakai listed as a son to benefit from Sabwami pension benefits.
Sabwami in his next of kin and dependants form had listed Vyona Mukhwana daughter, Jackton Mukhwana son , Chris Mukhwana son, Berry Mukhwana daughter , Betty Wanyera wife and Faith Mukhwana daughter. Sabwani afterwards requested for reinstatement and on 16th September 2021 tsc through P.C. Nyoro for secretary/chief executive advised him to apply when vacancies are advertised but he could not do so since in law government officers who have less than 15 years to retire cannot apply. On 17th March 2022 TSC through D. Kioko for secretary/chief executive wrote to Sabwami and was requested to specify the relevant documents that he requires to be provided with and since he was dismissed after due disciplinary process he was advised to make a formal application for review and submit a copy of the letter from the commission dated 17th September 2021.
On 1st May 2022 Sabwami complied by applying for review of his disciplinary case and since then no communication has been made where requests to get proceedings and appeal receipt made on 27th November 2023 to the Commission were not replied to leading to him seeking legal counsel.
In 20th september 2024 Sabwami through his lawyer Bob Okumu and CO. advocates wrote to the TSC requesting reinstatement saying that he was diagnosed with obstructive airway disease asthma and commission went on to dismiss him.
He said that he received his last salary in 2012 and for more than 10 years he has written several correspondents to no avail.
He said that he has noted that his TSC portal has since been destroyed and he cannot access it. “This therefore means that the commission has clandestinely destroyed his details with the commission and it has further pronounced him dead yet still alive. it is unfortunate that the commission has gone ahead to nominate some other people not even related to him , to benefit from his pension benefits”.
He has also written to the director bima house treasury to stop any intended pension and gratuity that are payable in his favour
In response Edwiq Musundi for secretary /chef executive on 25th September 2024 wrote that sabwami pursuant to section 6 of the Pensions Act and Regulations 181(2) of the Code of regulation for teachers having been dismissed from employment is not eligible for pensions benefits.
The letter replied that the TSC noted with much concern that Sabwami has made baseless allegations against the Commission to the effect that the commission has destroyed his employment records, declared him dead and nominated other people as his beneficiaries.
‘We vehemently deny these allegations and further state that the Commission is guided by relevant laws and policies in place with regards to records management including destruction, and therefore the Commission has not destroyed employment records,’ the letter read.
TSC replied that sabwami filed next of kin form on 23rd April 2023 nominating his beneficiaries and it is uncalled for, false and dishonest of him to claim that the commission has nominated other people as his beneficiaries.
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