Court bars State from hiring new NSSF boss

The government has been stopped from appointing a managing trustee at the National Social Security Fund pending the outcome of a case against Labour Cabinet Secretary Kazungu Kambi.

“The government is directed not to replace Mr Tom Otieno Odongo (left) as managing trustee pending the outcome of a case he filed on August 12, 2013,” ordered Industrial Court judge Nzioki wa Makau.

Justice Makau said within the 12 days before he delivers his judgment on whether Mr Odongo has an arguable case or not, the status quo must be maintained.

“The position should not be advertised and no programmes should be put in place to replace the claimant,” Justice Makau ordered.

Mr Odongo, who was relieved of his duties by Mr Kambi on July 22, 2013, has challenged the decision to sack him.

“The minister breached the law and his decision was illegal and unconstitutional,” he told the Industrial Court.

Justice Makau heard that the NSSF has already paid Mr Odongo Sh2.9 million in terminal dues.

“Mr Odongo has no claim against the NSSF. He has already been paid as per the exit clause in the contract signed on February 7, 2013. A cheque of Sh2.9 million has been deposited in his account,” NSSF lawyer Tom Macharia told the judge.

Mr Odongo put up a spiritied fight to retain the former position saying Mr Kambi has no legal mandate to sack him since “ all the powers of running NSSF are vested in the Board of Trustees.”

Lawyer Ochieng Oduol for the sacked managing trustee said the minister can only act on recommendations made by the board.

“The sumtotal of the minister actions can only be said to be illegal and should be reversed,” Mr Oduol stated while urging the judge not to strike the case he has filed. he asked the court to direct the case to proceed to full hearing so that Mr Odongo can ventilate his case.

But the minister lawyer Ahmednassir Abdullahi said Section 33 of the NSSF Act Cap 258 |Laws of Kenya stipulates how the managing trustee can be removed.

“ It is only through the instruments set out under Section 33 of the NSSF Act when a managing trustee can be removed,” the lawyer said.

He said exit document which Mr Odongo signed sealed his fate as it requires that “ he be paid a three months salary in lieu of notice.

Submitted he , “ Mr Odongo cannot go back to NSSF go where. There is no vacancy there. Already an acting managing trustee has been appointed.”

Mr Macharia and Mr Abdullahi has asked the court to strike the case since there is no valid claim before the court.