The Employment and Labour Relations Court has ordered National Social Security Fund (NSSF) board to stop operations.
In orders given on Tuesday, January 4, 2022, the court directed the NSSF board to cease operations until Labour Cabinet Secretary, Simon Chelugui, gazettes Rose Omamo as one of the Central Organization of Trade Unions (Kenya), nominees to the board.
COTU accused the Cabinet Secretary, Ministry of Labour of sinister motives after failing to gazette Omamo.
In court documents, COTU Secretary General, Francis Atwoli, urged the court to stop NSSF Board from operating until Omamo is gazetted.
“Instructively, NSSF cannot continue with the process of advertising and hiring staff without the approval of the Board.
"The hiring, as advertised by NSSF, can only happen when the NSSF Board and various committees, including HR committee, are legally constituted after the gazettement of COTU (K) nominee Sis. Rose Omamo,” Atwoli stated.
The NSSF board has been marred with scandals when it comes to the appointment of members. In 2020, former Tiaty Member of Parliament, Asman Kamama, was appointed to the board but his appointment was revoked barely a week later.
The revocation was done by Chelugui in a gazette notice published on October 15, 2021.
In 2018, Atwoli moved to court intending to obtain orders to have then Labour CS Ukur Yattani compelled to appoint and gazette him as a member of the NSSF board.
He accused Yattani of repeatedly overlooking and failing to appoint and gazette him to the NSSF Board as a trustee.
In his application presented before a Nairobi court, Atwoli stated that the CS had no power that allows him to deliberately fail, refuse and neglect to appoint him officially as the NSSF trustee. He accused the state of malice.
The COTU boss has also asked the Employment and Labour Court not to allow and invalidate any meetings convened by the Cabinet Secretary and NSSF before he was included as a member.
According to Atwoli, the NSSF board was constituted without the COTU representations and remains unlawful and highly prejudicial since the union is one of the largest contributors to the fund through its members.