The High Court in Nakuru yesterday ordered former Teachers Service Commission boss Gabriel Lengoiboni to civil jail.
Justice Janet Mulwa directed new boss Nancy Macharia to pay the retired teachers their arrears amounting to Sh42.3 billion.
The amount is due for some 52,000 retired teachers, who successfully sued their former employer.
Mulwa directed the TSC to work with the Treasury, budget controller, Auditor General and director of pensions to settle the debt.
Lengoiboni retired on June 30 after successfully obtaining orders suspending his committal.
“TSC has perpetual succession and the mantle must pass to Macharia since it is a statutory commission under the constitution,” Mulwa said.
She said the retirees have waited to reap the fruits of their judgement since 2008.
The teachers won the case on October 23, 2008 before judge David Maraga, who said all teachers covered by the 1997 agreement are entitled to the revised retirement benefits.
Retirees have regularly told court they are aging and the government has not given them any penny.