The High Court has stopped the National Social Security Fund (NSSF) from recruiting general managers until the board of trustees’ submits its human resource guidelines to the Public Service Commission for approval.
Justice Jacob Gakeri said although the board had the powers to review the human resource instruments, it could not go ahead and use the documents until it has been considered and approved by PSC.
“A declaration is hereby issued that the 1st respondent (NSSF Board) did not uphold the rule of law and the Constitution,” the judge said.
He added that the board had no legal mandate to approve the human resource policies and guidelines for itself or any other body.
“They are ineffective until approved by the PSC, public participation and view of its staff,” the judge said.
The board advertised for several positions of general managers following a review of its organisational structure, which was done by KPMG in 2020.
The review of its executive was meant to fix the problem of having nearly three-quarters of top managers in an acting capacity. Then, 13 of the 17 top managers had been serving in an acting capacity for years.
Former Auditor-General Edward Ouko had in 2018 raised the alarm over the many positions held in acting capacities with “no reason” being given.
Consumers Federation of Kenya challenged the advertisement made on December 2021 saying it was made using a new human resource manual, which was prepared without compliance with the Constitution, Public service Act, NSSF Act, and public participation.