Teachers Service Commission(TSC) Overpaid Sh358.8 million as salaries to staff members.

From Ghost workers, Ghost payrolls, Ghost Schools, TSC never seize to amaze.

So, a Ms Rose Towet from Kericho was overpaid Sh 4.4 million, for the period August 14 2016 to December 3 2020, a Mr Ombeng Okello was overpaid Sh 4.3 million for the period September 1 2017 to January 31 2022 and a MR John Sankalle Maina was overpaid Sh 3.7 million for the period January 12 2011 and November 30 2012.

These information and revelations have risen after members of the Public Accounts committee (PAC) raised concerns that the speed being used by TSC to recover the monies was slow yet it is public funds.

Auditor General Nancy Gathungu  in her report noted that a review of the aging analysis on the salary overpayment provided for audit revealed that overpayments amounting to Kshs.358,796,308 or 80 percent had been outstanding for periods exceeding one year.

The investigation by the committee kicked off after TSC confirmed the Auditor General’s report that the Sh 358.8 million was actually overpaid to staff members and is yet to be recovered.

TSC Chief Executive Officer Nancy Macharia said the recovery period of the said money had taken more than one year because the overpayment involved the recovery rate on payroll which is one third of the basic salary as per section 19 (3) of the employment act 2007.

She said: “For teachers who have left employment of the commission, the overpayment once recorded is recovered progressively through mechanisms set out in the overpayment policy for teachers who are out of TSC employment.”

Macharia said that the recovery process of the monies overpaid to teachers who have left employment, involves issuance of demand letters and follow up with the teachers concerned, liaising with the co-operative societies to ask them to release the teachers Sacco savings to defray part of the overpayment, liaising with other employers whether teachers are currently employed, as well as liaising with the Ministry of Foreign Affairs and Kenyan embassies where the teachers are in foreign countries.

Adds the document: “This process may take more than one year before the commission receives the refund. Further the commission also recovers any government liabilities from pensions of teachers who have retired through the National Treasury. This may also take more than one-year before the commission receives the refunds.”

Letter by TSC to the beneficiaries read, “The commission demands that you settle the amount said in cash to the TSC account. In the event of your failure to honour this demand, the commission shall proceed to recover the said amount in accordance with the laid down procedures and without further communication on the matter.”

 “Management indicated that the overpayment had grown over the years due to manual and previous reporting systems that were inefficient. Further, Management through various mechanisms adopted recovery of salary overpayments, amounting to Kshs.108,096,613 for the year under review from payroll and other avenues. Although progress has been made in the recovery of the salary overpayments, further effort is required in recovering the outstanding amounts. In the circumstances, the effectiveness of the measures put in place to recover the overpaid salary could not be confirmed.”

Conclusion

It’s important to note that should it have not been Auditor General’s investigation, these are monies that would have been lost and they would have still been on payroll upto date.

TSC CEO Nancy has been marred with corruption but has had her tracks covered by powerful individuals in power.

Recently, in a petition filed by human rights defender Francis Awino in the High Court in Nairobi has requested that the Ethics and Anti-Corruption Commission (EACC) initiate a formal investigation into Macharia’s actions at the TSC. Awino’s petition calls for a thorough criminal probe into her conduct, alleging she has breached Chapter 6 of Kenya’s Constitution concerning leadership and integrity.

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