Court stops Labour CS from convening NSSF board meeting


Court stops Labour CS from convening NSSF board meeting
Labour Cabinet Secretary Ukur Yattani. Picture/Courtesy

In Summary

  • Justice Byram Ongaya gave the order after Mr. Atwoli filed an urgent case claiming that the CS had failed to gazette and appoint COTU's nominee to the Board of Trustees.
  • The judge further certified the case as urgent and directed Mr. Atwoli’s advocate Okweh Achiando, to file and serve documents in the case by close of business on Monday July 16.
  • Mr. Atwoli lamented that failure to appoint COTU's nominee is unlawful and a violation of the law governing the institution of a body discharging public functions.

The Employment and Labour Relations Court has temporarily barred Labour Cabinet Secretary Ukur Yattani from convening a board meeting of the National Social Security Fund (NSSF) pending the hearing and determination of a case filed by COTU Secretary General Francis Atwoli.

Justice Byram Ongaya gave the order after Mr. Atwoli filed an urgent case claiming that the CS had failed to gazette and appoint COTU’s nominee to the Board of Trustees.

The judge further certified the case as urgent and directed Mr. Atwoli’s advocate Okweh Achiando, to file and serve documents in the case by close of business on Monday July 16.

In the court documents, COTU indicated that the NSSF board is about to hold its first meeting to decide on various issues among them financial reports, approval of projects, advertise, interview and appoint the general managers of the various departments, without the input of COTU nominee.

Mr. Atwoli lamented that failure to appoint Ms. Muhika is unlawful and a violation of the law governing the institution of a body discharging public functions.

In his affidavit, the COTU boss stated that on March 26, he wrote to the CS drawing to his attention the need to appoint Ms. Damaris Wanjiru Muhika as COTU’s nominee to the Board, a letter he said is yet to be replied.

Atwoli is further accusing the CS of having intention to frustrate COTU’s representation to the Board.

The Attorney General and National Social Security Fund (NSSF) Board have also been listed as respondents.

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