, NAIROBI, Kenya, Jul 12 – Labour and Social Protection Cabinet Secretary Ukur Yattani has been restrained from convening a meeting with the National Social Security Fund (NSSF) Board without the inclusion of a nominee from the Central Organization of Trade Union (COTU).
Justice Bram Ongaya directed the CS should to abide by the order until further directions are given over the pending dispute.
COTU’s lawyer Okweh Ochando accused Yattani of attempting to call a board meeting to discuss various issues, including projects, financial report and appointment of the General Manager, without any representation from the union.
He stated that the CS had gazetted other members of the Board of NSSF excluding COTU’s nominee, DarisWanjiku Muhika.
He argued that Yattani further purported to carry out scrutiny of the names submitted by COTU, saying that he does not have the power to do so to purport considering regional balance.
“The minister under the NSSF Act is only required to comply by accepting the nomination of names submitted to him or her” he said.
Achando told the judge that the minister has ignored the very salient provisions of the constitution and the NSSF Act by refusing to accept COTU’s nominee.
“The purported refusal to gazette the umbrella union’s person is a gross violation of the fundamental constitutional rights and freedom exhibited by COTU trade union constitution,” he said.