Month: June 2014
Lawyer George Kithi for Kenya County Workers Union.
Kenya County Workers Union has moved to court seeking orders to stop the National Social Security Fund from commencing the new deductions from employees which is to become effective from May 31.
The worker’s union through their lawyer George Kithi filed the application under certificate of urgency, saying that if court the does not intervene both NSSF and the cabinet secretary for labour social security’s services will ensure the new Act of 2013 shall take place.
The lawyer told Justice Mumbi Ngugi, that the commencement of the NSSF Act 2013 will have multiple perverse effects on the workers union members including many of thousands of Kenyans.
He said that it’s needless and justifiably to compel the applicant’s members to abandon the current pension scheme and join the new one without taking into account financial burden facing many Kenyans.
”To put the entire county’s pensions and social security services onto the care and management of s single player that is NSSF is to risk the lives of many employees” he said.
The Act 2013 if it’s not halted now will effectively kill or stifle other pension and social security schemes across the counties to the preserve of NSSF with realizing the unprecedented and unimaginable macroeconomic instability of the county.
The lawyer sought a conservatory order against NSSF and cabinet secretary Kazungu Kambi be barred from applying the new social security fund Act 2013 on members of the union and other employees who have adequate alternative pension, pending the hearing and determination of the petition.
He said the impugned section under new Act 2013 if brought into force will have many perverse effects on the worker’s union members and other employees working in the country.
The court heard that when it was being established the county senate was not involved as required by law, saying the Act is unconstitutional and null void and the court should make such declaration.
However the presiding judge in her directions she ordered the file be placed before the head of Industrial court on Monday 9 for further orders as to the hearing of the application.
The judge said the matter is purely an employee and employer relations which should be handled at the industrial court division
BY SAM ALFAN.
Industrial court has halted Kenya Medical Research Institute (KEMRI) Board Management from sacking a researcher and planning officer.
Justice Monica Mburu said the hearing determination of the application before court Kizito M Lubano said remains in office until dispute is resolved.
The court consequently restrained Kemri board of management and the institute’s director from acting on any recommendation to sack the officer.
The aggrieved officer is Principal Researcher and former head of planning monetary and evaluation officer whom the board has earmarked for retirement.
Justice Mbaru was told by Okiya Omtatah Okoiti and Nyakina Gisese who have filed the suit on behalf of the officer as human rights activists, saying the move by the board to retire the officer is without basis and it violates his Rights.
The court heard that the officer faces imminent retirement and trumped up criminal charges will be preferred against him to cover the malicious action by the board and if the same is allowed to take place it will go against the spirit of acticle236 of the constitution which protect public officers from being victimized and discriminated upon by their employers.
The officer has not been given an opportunity to defend himself before a disciplinary committee and such proceedings will be used as recommendation for his retirement it will violate the principal of nature justice.
Former cabinet minister William Ole Ntimama addressing the press in Nairobi.(file photo).
BY SAM ALFAN.
Justice Mumbi Ngugi has directed application filed by former cabinet minister to be transferred to Nakuru high court .
She ordered the file to be placed before the Nakuru presiding judge who will issue further directions over the matter.
Former cabinet minister William Ole Ntimama moved to court over the award of lucrative tender for the collection of revenue without involvement of public participation in Narok County.
Mr. Ntimma and two residents from the county filed the application under certificate of urgency in Nairobi law court seeking an order to halt KAPS Kenya limited from implementing the private partnership with county government.
He said that. The county assembly was not consulted or approved the tender award so as to ensure that procurement procedures were followed as required by law.
The applicants through their lawyer Omwanza Ombati told Justice David Majanja that there was violation of the procurement requirement and as result 300 County staff have been sacked and other 250 stand the risk of losing their jobs
”The are staff who were employed by the previous county council to collect revenue on its behalf and now been sacked due to new partnership with KAPS and the County Government” he said
The lawyer told the court that the applicants have made attempts to been supplied with tender documents and other information concerning the award but none has been availed.
He submitted that the court should exercise its discretion and issue order compelling the governor to supply the document and information as required by law.
The documents and information requested is a signal of fair administration action of good governance, transparent and accountability as provided in the statue under articles 10, 21 and 47 of the constitution of 2010
He said if the documents are not released to the applicant forthwith their rights to access to information will be infringed.
Mr Omwanza said that initially the private company was awarded the tender to collect revenue on behalf of the county government in Maasai Mara National reserve, but same has extended to cover Entire County without participation of the county assembly.
The applicants the court heard have sought an order to stop the private company from collecting revenue regular parking motor vehicles, clamping of motor within the county, further it be halted
from management of revenue collection in the Mara Triangle and Maasai Mara National Reserve, until the court makes a determination of the petition.
The court directed the application to be heard in Nakuru on 10 July 2014 for inter parties in Nakuru high court which has the jurisdiction to hear the matter.