Relief for Atwoli as court revokes Kambi order on NSSF board

Labour Cabinet Secretary Kazungu Kambi

The High Court yesterday revoked a legal notice published by Labour Cabinet Secretary Kazungu Kambi removing workers’ and employers’ representatives from National Social Security Fund (NSSF) board of trustees.

Lady Justice Monica Mbaru lifted the notice pending the hearing and determination of the suit filed by Central Organisation of Trade Unions Secretary General Francis Atwoli.

Kambi (pictured) was restrained by an order of temporary injunction from holding any meeting of the board today. Atwoli had accused Kambi of calling the meeting without inviting him together with Federation of Kenya Employers (FKE) Executive Director Jacqueline Mugo

Kambi had retired Atwoli and MsMugo from NSSF board, saying they had served more than two terms  as stipulated in the new NSSF Act.

Atwoli challenged his removal from the board, where he also sued Kambi in another court over the matter.

Atwoli claimed that Kambi’s conduct is oppressive on the grounds that he has exercised his powers in a manner that is unfairly prejudicial to them

The Cotu boss said he is concerned that the committees may be reconstructed without their participation and they will be locked out from being members of any of those committees.

DRAWN CRITICISM

“The meeting is unconstitutional as the Constitution binds all organs of the State and parties to be defended by the Law,” said Kambi.

Activist Charles Omanga had filed a case at the High Court to challenge the move by Kambi.

Kambi’s decision, he said, has drawn wide criticism, with Cotu threatening  to call a strike unless the decision is reversed.

Teachers and political leaders  have also sharply criticised the move, describing it as irregular  and intended to cover corruption at the pensions fund which manages more than Sh 126 billion of retired savings for workers in both private and public sector.

In July 2014, Omanga moved to the court seeking orders to stop Kambi’s directive that Atwoli and Ms Mugo retire from the NSSF board.

He stated in his petition that the directive by Kambi was unlawful, lacking in basis and out of order.

 The Act stated that no person shall serve more than two terms of three years each on the board. Atwoli and Mugo have been on the NSSF for board 15 and 11 years respectively.

Both stated they would seek legal redress over the matter, claiming the new Act states that the consecutive terms begin once the new Act has been installed, meaning they have both served only six months in office.

Atwoli said he would organise mass action by workers if the directive by Kambi was not reversed, stating that the move was an underhand method of removing him from office.

Mugo and Atwoli have been against the new controversial NSSF rates which aim to charge workers’ six per cent of their monthly incomes as well as other NSSF projects, which are said to be the cause of the rift between them and Kambi.