NSSF contests bid to reinstate Francis Atwoli

An application by an activist challenging the decision to retire workers’ and employers’ representatives from the NSSF board has been opposed.

The National Social Security Board of Trustees argues that Mr Charles Omanga has no capacity to sue Labour Cabinet Secretary Kazungu Kambi for ejecting Cotu secretary-general Francis Atwoli and Federation of Kenya Employers executive director Jacqueline Mugo from the board. (READ: NSSF: Court reinstates Atwoli, Mugo)

Lawyer Ahmednasir Abdullahi said Mr Omanga had not disclosed any special interest he represented or any prejudice he would suffer by the decision to remove Mr Atwoli and Ms Mugo from the board.

“The applicant has no capacity since he is not aggrieved by any act or omission of the Cabinet Secretary. He has no cause to bring the suit and is merely a busy body trying to waste the court’s time,” Mr Ahmednasir said.

(KISERO: Board wars at the NSSF are about sharing the spoils among the elite)

NSSF ACT

Mr Omanga filed the petition at the High Court seeking to revoke Mr Kambi’s gazette notice removing Mr Atwoli and Ms Mugo from the NSSF board.

He argued that the minister had no authority to retire any nominee appointed to the board by workers since the new NSSF Act provides that existing members are deemed to have been re-appointed for additional three years.

“The NSSF board as currently constituted in the absence of representatives from Cotu and FKE can act against the interests or workers and employers. Mr Kambi had no authority to take over the roles of the two and his decision is therefore null, void and unconstitutional,” swore Mr Omanga.

Mr Ahmednasir said operations of the NSSF Board of Trustees had been running smoothly without Mr Atwoli’s presence and the board was not crippled as alleged.

Mr Justice Weldon Korir directed that since there was another suit by Mr Atwoli at the Industrial Court, there was no urgency in determining the prayers sought by Mr Omanga.

“Orders have been given suspending the gazette notice by the minister purporting to suspend Mr Atwoli and Ms Mugo from the board. Therefore there is no urgency in this application,” said Justice Korir, who directed the parties to file and exchange their submissions before the hearing on September 30.