By SAM ALFAN,
Industrial court has extended its orders on the labour Cabinet Secretary Kazungu Kambi and COTU Secretary General Francis Atwoli dispute to August 5.
August 5 will be used to determine if the court has the jurisdiction to hear the case.The labour CS through his lawyer Ahmednasir Abdullahi want the court to struck out the application filed by Cotu boss Francis Atwoli seeking the court to quash the CS gazette notice retiring him from the NSSF board of trustees.
“We want to terminate this case and not to scuttle it”. Said lawyer Ahmednasir Abdullahi.Labour CS argued that the dispute surrounded NSSF board and not labor ministry and thus the case should be dropped.
“This court has no jurisdiction to hear this matter and this application need to be struck out with cost” Said lawyer Ahmednasir.Atwoli lawyer Judy Kwishero opposed lawyer Ahmednasir application seeking to struck out saying the application was filed through a notice of motion and it’s not supported by any supporting affidavit as its required by the law.
“The application is defective and it should be struck out and we are the one to murder his application instead of him murdering our application” said lawyer Judy Kwishero.
The Industrial court has suspended the Gazette Notice which revoked the appointment of Cotu boss Francis Atwoli and the Federation of Kenya employees Chair Jacklyn Mugo .
Justice Monica mbaru overturned the gazette notice until July 25 when the matter will be heard. This comes after two cases were filed under certificate of urgency in Court by Cotu boss Francis Atwoli and Human Rights activist.
The Battle between Cotu Secretary General and labor Cabinet Secretary Kazungu Kambi got its way to the courts after a Human Rights Activist early today on behalf of the public moved to Court seeking to Quash the Gazette notice the 18th of this month which revoked the appointment of Francis Atwoli and Jacklyn Mugo as Workers Representative from the NSSF board of Trustee.
In his suit Atwoli argues that labour cabinet secretary Kazungu kambi has no authority to revoke there appointments and termed Kambi move as unlawful and Unconstitutional.
He argued that the minister had no authority to retire any nominee appointed to the board by workers since the new NSSF Act provides that existing members are deemed to have been re-appointed for additional three years.
Labour Cabinet Secretary Kazungu Kambi applied to the Industrial Court to have the order reinstating COTU Secretary General Francis Atwoli to the National Social Security Fund (NSSF) Board set aside.
The Cabinet Secretary through lawyer Ahmednasir Abdullahi told Justice Monica Mbaru, that the Industrial Court lacks jurisdiction to suspend the gazette notice which retired Atwoli from the NSSF board.
He said that the order of suspension was issued contrary to the provisions of Article 162 (2) of the Constitution which takes away the power of the Industrial Court to interfere with functions of the Cabinet Secretary.
Justice Monica Mbaru will decide whether the industrial court has the jurisdiction to hear the application August 5.