BY NT CORRESPONDENT.
High Court has blocked Labour Cabinet Secretary Ukur Yattani from convening a NSSF Board meeting.
This is pending a petition filed by Central Organisation of Trade Unions (Cotu) boss Francis Atwoli.
Judge Byram Ongaya issued the order after Atwoli filed an urgent case saying the CS had failed to gazette and appoint its nominee to the Board of Trustees Ms Damaris Wanjiru Muhika.
” The minister under the NSSF Act is only required to comply by accepting the nomination of names submitted to him or her” the lawyer said.
Achiando said the Board was about to hold its first meeting to consider various issues among them financial reports, approval of projects, advertise, interview and appoint the general manager of the various departments, without the input of its nominee.
He said the failure to appoint Ms Muhika was unlawful and a violation of the law governing the institution of a body discharging functions of a public nature.
Atwoli said in a sworn statement that on March 26, he wrote to the CS drawing to his attention the need to appoint Ms Muhika as Cotu’s nominee to the Board. He said that to-date, Mr Yattani was yet to respond to the letter. He said he wrote a reminder on June 8 but the CS was yet to act.
He said it was only last week that Mr wrote back saying he was still scrutinizing the recommendations, to check compliance with the constitutional requirements. But Mr Atwoli said the CS does not have such powers but the move was meant to frustrate Cotu’s representation to the Board.
Mr Achiando said the CS was sidelining Cotu’s nominee against the provisions of the law should not be allowed. He told the Judge that the Board cannot hold its sittings without Cotu’s representative.
The Judge certified the case as urgent and directed Mr Atwoli’s lawyer Okweh Achiando to file the case by Monday and serve it to the CS, Attorney General and National Social Security Fund (NSSF) Board.
The matter be heard within fourteen days.
