On Wednesday, Labour court in Nairobi ruled out that The National Social Security Fund (NSSF) should have no board meetings before COTU secretary general Francis Atwoli is gazetted as a member.
This follows a suit filed last week by Atwoli faulting Labour CS Ukur Yattani for failing to reappoint him to the NSSF board. He said it was part of a scheme to kick him out. Atwoli has previously raised allegations of embezzlement of funds at the agency.
Employment and Labour Relations judge Onesmus Makau yesterday said there is public interest in Atwoli representing workers in the board. He wants the state to comply.
But Yattani said his office had discharged its mandate and had not refused to gazette him as alleged. He said he had prepared and signed a Gazette notice dated September 17 that appointed Atwoli to the NSSF Board of Trustees.
The notice was forwarded to the office of the Attorney General and submitted to the Government Printer on or about September 27, he said.
State counsel Stella Mboli blamed the Government Printer for delaying the gazettement. He said the AG has no control over it.
Yattani expressed concern over the directive, saying suspending sittings will paralyse the functions of the institution, causing great public outcry.
“An order of prohibition to restrain the NSSF board from convening would be prejudicial to my office, the NSSF, the government and workers, as the board serves the interests of the greater public. Stopping any meetings would cripple its operations, occasioning injustice to the public,” Yattani said in an affidavit.
But Makau said the suspension will stand, pending determination of the suit or until Atwoli is gazetted.