The Senate Committee on Labour and Social Welfare has directed that senior government officials and the Council of Governors be invited for fresh talks aimed at resolving a longstanding dispute over the salaries, employment records and pension entitlements of 313 Early Childhood Development (ECD) programme officers transferred to county governments in 2015.

The decision follows a meeting in which the Teachers Service Commission (TSC) defended the officers’ transfer as a voluntary release to county governments, while the petitioners maintained that their movement should have been treated as a secondment under the constitutional framework governing devolution.

Appearing before the Committee presided by Ag. Chair Sen Alexander Mundigi (Embu), TSC Acting Chief Executive Officer Dr Evaleen Mitei said the officers were formally released to county governments with effect from 1 July 2015, following written requests from the affected employees.

She explained that a release constituted a permanent movement from one government institution to another, unlike secondment, which is temporary. Consequently, the officers ceased being employees of TSC and became subject to the terms and conditions of service established by their respective county governments.

Dr Mitei said TSC continued paying their salaries and allowances until 30 June 2015, after which responsibility for their employment and remuneration shifted to the counties.

On pension entitlements, she told the Committee that the officers’ accrued benefits under the Pensions Act (Cap 189) had been deferred in accordance with government policy, pending attainment of retirement age.

She further disclosed that in March 2022, the Cabinet Secretary for the National Treasury issued a directive waiving the suspension of the officers’ pension benefits to safeguard their interests during the transition. However, TSC maintained that its role was limited to providing historical salary progression information to facilitate pension computations, since the officers were no longer its employees.

Lead petitioner Peter Makara disputed the Commission’s interpretation, arguing that the transition should have been guided by the constitutional provisions governing the transfer of functions from national to county governments.

The petitioners maintained that they had effectively been seconded to county governments following the devolution of Early Childhood Development Education services. They argued that the absence of clear administrative guidance during the transition had exposed them to losses in remuneration and retirement benefits.

The officers said they were not seeking a return to TSC employment but wanted the government to address the consequences of the transition and restore benefits they believed they had lost.

Sen. Joe Nyutu (Murang’a) called on the petitioners to provide documentary evidence supporting their assertion that the 2015 arrangement was understood to be a secondment rather than a release. He said the Committee needed to examine the documents presented by both sides to establish the facts and pursue justice for the affected officers. TSC had, in its submissions, presented release letters which it said confirmed that the officers’ transfer to county governments was permanent.

Sen. Nyutu also questioned county governments’ failure to advance the officers’ careers and remuneration, calling on the Council of Governors to account for how the counties had handled their employment since taking over the function.

“The CoG Chair should come here and explain why they did not progress these officers the way they were supposed to progress, had they continued working under the TSC,” he said.

“These officers must be paid their rightful allowances and pension benefits,” he added, expressing concern that county governments were unwilling to take up their responsibilities.

The petitioners also raised concerns over disparities in pension payments among retired officers, questioning why former colleagues who had served under similar circumstances were receiving substantially different retirement benefits.

They further cited difficulties accessing their historical human resource records, arguing that TSC’s retention of the files had complicated efforts by county governments to verify employment histories and calculate retirement entitlements.

In response, TSC indicated that it retained records covering the officers’ service before the 2015 transition and was prepared to provide copies to county governments upon request.

Sen. Mundigi observed that resolving the dispute would require the institutions responsible for public service administration, education, pensions and intergovernmental relations to establish a common position on the officers’ employment status and entitlements.

Sen. Mundigi directed that the Cabinet Secretaries for Education, the National Treasury and Public Service, the Chief Executive Officer of the Retirement Benefits Authority (RBA) and the Council of Governors be invited to a further meeting to chart a definitive way forward.

The Committee also expects TSC to provide the relevant employment records, including the officers’ service histories and details of their pensions, to support the examination of their retirement claims.

The latest deliberations follow an earlier appearance by the petitioners before the Committee in September, when they outlined how the 2015 transition had disrupted their salary progression, career advancement and retirement benefits.

The next meeting is expected to bring the responsible national and county government institutions together to clarify their respective obligations and identify practical measures to address the longstanding grievances of the 313 officers.