The death of Nakuru-based lawyer Dominic Kimatta who represented retired teachers in a compensation claim of Ksh42.3 Billion against the Teachers Service Commission (TSC) leaves them in despair.
His wife Hildah, confirmed the news of his death. She stated that Mr. Kimatta was diagnosed with pneumonia and was admitted at War Memorial in Nakuru.
The advocate was later transferred to Aga Khan Hospital where he passed away on Sunday, October 25.
Joseph Mwenje, Chairman of the Retired Teachers stated that his death was a blow to the teachers’ case.
“He was a great lawyer and we will greatly miss his counsel,” Mwenje eulogized Kimatta.
Kimatta represented 50,000 teachers in a court case they have sought their retirement benefit for over a decade.
The retirees won a case in October 2008, where then High Court Judge David Maraga ordered TSC to process pensions based on salaries awarded in a 1997 agreement.
In October 2019, the court had ruled that the retired teachers were not entitled to any salary areas.
Director of pensions and TSC disputed the Ksh42 billion claim noting that the amount owed to the retirees was Ksh16.7 billion.
In a counter argument, Kimatta stated that the ruling contradicted a 1997 agreement as well as the Pensions Act, which based the pension payable on the salary of the individual.
He added that, there was no inflation on the amount, adding that the amount had been accruing interest since the judgment was issued.
He further staed that the ruling did not give a time limit for the institutions to pay the money to the retirees.