Court blocks NSSF board meetings in Cotu nominee row

The National Social Security Fund (NSSF) board of trustees has been barred from holding any meeting, pending the determination of a petition filed Central Organisation of Trade Unions (Cotu).

In a petition filed in December, the workers umbrella body accused Labour Cabinet secretary Simon Chelugui of leaving out one of Cotu’s nominee when it gazetted the board of trustees on October 28. Cotu says in court documents that it is entitled to two nominees to the board and the minister did not give explanation for not gazetting the second nominee.

Cotu Secretary-general Francis Atwoli said in an affidavit that Cotu submitted two names — Isaac Okello and Rose Omamo, on August 12 last year for appointment.

The Labour minister gazetted only Mr Okello, leaving out Ms Omamo, who is a member of Cotu executive and the secretary-general of Amalgamated Workers Union.

He says the decision to gazette one nominee is illegal.

“That the said decision is ultra vires and in violation of section 6(d) (ii) of the NSSF Act, which obligates the first respondent to appoint the two nominees presented by the applicant,” Mr Atwoli said.

The organisation said interests of Cotu will be prejudiced since it is only represented by one board member instead of two, hence the decision to move to court for intervention before any far reaching decisions, which might impact the rights and interests of workers, are reached.

Mr Atwoli said the decisions of the board are made by a simple majority vote.

“That, therefore, immediate judicial intervention is imperative as the third respondent is making key and far reaching decisions impacting on the rights and interests of contributing workers without their full representation in the board as is required by the law,” he said.

The court issued orders restraining the board from convening any meetings in the absence of the Cotu’s representatives.