NAIROBI, Kenya, Aug 1 – The Industrial Court has directed the National Social Security Fund (NSSF) board to stop the process of hiring a new Managing Trustee until it issues a ruling in a case filed by Tom Odongo who was sacked on July 22.
Industrial court judge Justice Nzioki wa Makau said that pending the decision by the court, the acting managing trustee should continue holding office awaiting the ruling.
During the hearing on Wednesday, the NSSF’s board lawyers told the court that Odongo should not demand damages from NSSF for his dismissal if not reinstated.
They also told the court that it was impossible to get him back to the position since his relationship with his employer is already broken.
However, the embattled MD’s lawyer Ochieng Oduol maintained that Labour Cabinet Secretary Kazungu Kambi had no jurisdiction to terminate the services of the claimant and that he should be reinstated.
In his application to the Industrial Court on Thursday last week, Odongo told the court that Kambi’s decision to terminate his employment was unfair and illegal.
He also accused Kambi of sacking him with no substantial reasons and failing to follow the procedures outlined in the Employment Act.
Odongo seems to have won round one after Justice Makau ordered the position to remain vacant until the court decision is made.
