, NAIROBI, Kenya, Sep 20 – Former National Social Security Fund (NSSF) Managing Trustee Tom Odongo has again moved to court in a bid to keep the board of trustees from recruiting his replacement.
Under a certificate of urgency, Odongo accuses the NSSF board of trustees of acting in contempt of court by seeking to fill the position before a ruling on his application for reinstatement.
“Through a press advertisement appearing in the Daily Nation of Friday September 6, 2013 I learnt that the second respondent (the NSSF board of trustees) has invited applications to fill the position of Managing Trustee,” he notified the court in an affidavit.
He therefore wants the Industrial Court to issue a direct order prohibiting the NSSF board of trustees from filling the now vacant position until his motion for reinstatement is heard and determined.
“Because of the steps taken by the second respondent it has become necessary to file an application for stay of the recruitment process pending hearing and determination of the motion dated July 25, 2013 seeking reinstatement pending trial,” Odongo impressed upon the court.
When Odongo first filed his application for reinstatement in July, Justice Nzioki wa Makau blocked the board from advertising the position but later lifted the order.
“He (Justice Makau) stated that an application may be made to the court if the respondents took steps to fill the position,” Odongo swore calling the court to account.
Anything other than a stay order, Odongo said, would deprive him of any redress he could have hoped to receive from the Industrial Court.
“My pursuit of justice will be rendered academic unless recruitment of a new Managing Trustee is stayed,” he pointed out.
Odongo and the NSSF board of trustees have been embroiled in a legal battle since Labour Cabinet Secretary Kazungu Kambi sacked him for what Odongo said was, “no reason,” in his application for reinstatement.
It is on these grounds that Odongo would like the Industrial Court to overrule his ejection from office and restore him to his former office.