Yatani has until Wednesday to respond to Atwoli NSSF suit

Labour secretary Ukur Yatani has until Wednesday to file his response in a case in which Central Organisation of Trade Unions (Cotu) has sued him for failing to re-appoint its Secretary-general Francis Atwoli to NSSF Board of Trustees.

Appearing before Justice Onesmus Makau on Monday, the parties were directed to file their responses ahead of the hearing on Wednesday.

The workers’ umbrella body wants the court to stop NSSF Board from holding any meetings, pending the gazettement of Mr Atwoli's name.

Cotu moved to court last week saying the failure to re-appoint Mr Atwoli is against the provisions of Section 6(d) (ii) of the NSSF Act No. 45 of 2013.

Through lawyer Okweh Aichiando, Cotu said to conduct any meetings of the Board, there shall be two-thirds of the Trustees, of whom, one shall be a representative of employees and one of employers.

He said the current officials of the Board of the NSSF are likely to transact business without the input of the Cotu’s representative, which will definitely be highly prejudicial to its interests, being one of the largest contributors to the Fund.

Documents filed in court showed that Cotu chairman Mr Rajab Mwondi wrote a letter the Mr Yatani on August 13 informing him of the need to re-appoint Mr Atwoli as their nominee to the NSSF Board.

It is alleged that the CS failed to respond or take action prompting Cotu to write another letter, about a month later. But since then, there has been no response or action.

Mr Atwoli had been re-appointed to the Board on September 16, 2014 by then CS Labour, Social Security and Services Ms Raychelle Omamo. The workers’ union said Mr Atwoli is eligible for re-appointment for one final term of three years.