- In a previous verdict, the court had issued a permanent injunction against NSSF Board of Trustees in dealing with human resource policies without PSC approval.
- But Labour Relations Court Judge Byram Ongaya said the process should continue but be conducted in line with orders of the previous judgment.
Image: FILE
The Court has allowed the recruitment process of the National Social Security Fund managers and other officials to continue but in adherence to relevant laws.
Employment and Labour Relations Court Judge Byram Ongaya said the process should be conducted in line with orders in a previous judgment touching on the processes.
In the previous verdict, the court had issued a permanent injunction against NSSF Board of Trustees in dealing with human resource policies without approval of Public Service Commission, public participation and views of its staff.
“The recruitment, selection and appointment for the vacancies in the impugned processes herein may continue but only in accordance with the relevant law and being consistent with the findings and orders in the judgment exhibited herein said to relate and affect the impugned recruitment processes herein,” Justice Ongaya ruled.
In his judgment delivered on April 13, 2022, Justice Jacob Gakeri found that the human resource policies and guidelines prescribed and approved by the NSSF Board of Trustees were null and void for lack of approval by the PSC.
He declared them ineffectual until approved by the Commission and suspended any recruitment processes until then.
In November 2023, the NSSF Board of Trustees, however, advertised vacancies for the general manager, various managerial roles and other official vacancies through newspapers.
This gave rise to the petition upon which Justice Ongaya gave the orders.
The petitioner, Peter Chege Esbon, moved to the court seeking conservatory orders suspending the process pending hearing and determination of the case.
He argued that the 2022 judgment was still in effect as it had not been overturned on appeal or reviewed by a court of law.
“Hence the respondent (NSSF Board of Trustees) is duty bound to comply with the order issued therein,” he stated.
The petitioner added that the advertisement contravened the court’s decision as the board of trustees had not submitted its human resource instruments to the PSC for approval before implementation.
He described the action as “wanton disregard for the rule of law”, which in his opinion, was geared towards undermining the authority of the court.
Esbon also argued that the current recruitment exercise amounted to the board of trustees unlawfully expending public resources in violation of Article 232 which outlines the values and principles of public service and for effective, efficient and economic use of resources.
“Unless the Honorable Court intervenes and issues appropriate orders, the Respondent will continue misusing taxpayers funds through an unlawful process thereby exposing the public to loss of resources," he said.
"The respondent will further continue wantonly undermining the authority of the Court and further perpetuate further violation of the Constitution.”
Justice Ongaya granted prayers sought by the petitioner and certified the petition as urgent.