Lawyer Jesse Oduor and human activist Charles Omanga leaving Milimani law courts after the industrial temporarily suspended the appointment of one of the National Social Security Fund (NSSF) board Member.
BY SAM ALFAN.
Industrial Court has temporarily suspended the appointment of one of the National Social Security Fund (NSSF) board Member pending the hearing and determination of the case challenging the appointment.
Lady Justice Hellen Wasilwa on Tuesday issued temporary orders of suspension against Veska Kagongo whose appointment is being challenged by the human activist Charles Omanga.
Justice Wasilwa further directed that all the matters relating to the appointment of NSSF board members be consolidated and be heard together.
Omanga moved to court under certificate of urgency seeking to stay the appointment of Veska Kagongo who has been appointed as a board member of NSSF.
He said Kagongo’s appointment by the Labour Cabinet Secretary is illegal on the grounds that she holds two public offices.
“Kambi is acting contrary to the law while appointing some of the NSSF board members,”Omanga said in documents filed in court.
The activist wanted the court to consider the petition and term Kagongo’s appointment as illegal.
Through his lawyer Jesse Oduor,he claims that Kambi appointed Kagongo through a Gazette Notice number 188 of 15 January as board Member of NSSF and she was still a public officer.
The appointment of Kagongo is illegal because she was previously appointed on November 1, 2013 as a board member of the Nairobi city county public service board, “added Omanga.
He adds that the state officer must abide by the dictates of the law.
Omanga said that during the appointment Kambi failed to provide for competitive recruitment process that would allow for public participation and foster transparency.
He claims that at the time of appointment Kagongo was already a Member of Nairobi City county Public service board a position she holds to date.
Kazungu has not made the appointment according to the law and has violated the principles of law which connotes limited government power and acting within jurisdiction,’’Omanga said.
On February 11, the court revoked the appointment of another NSSF board of trustee’s chairperson Charity Seleina Kisoto.
This was after a case challenging her appointment was filed in which Labour Cabinet Secretary Kazungu Kambi was cited as the first respondent.
Mr Kambi allegedly appointed Ms Kisoto earlier in the year, replacing Adan Mohammed.The court also restrained the CS from “removing any incumbent member of the NSSF board of trustees or in any way revoking earlier appointments”.
The court ruled that Gazette Notice No 725 of February 6, 2015, in which Ms Kisoto was appointed, is “stayed” pending the suit.
Justice J. Radido also reinstated board member Cornelius Ogutu Nyagun in the new order pending an inter parties hearing.
Justice Wasilwa yesterday termed the matter as urgent and directed the matter be mentioned tomorrow..