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Macau temporarily prohibited NSSF from promoting its position/CFM
NAIROBI, Kenya, August 12 – Tom Odongo’s post as Managing Director of the National Social Security Fund (NSSF) can now be re-advertised as the court case challenging his removal from office progresses.
In allowing the case to proceed, Industrial Court judge Njioki wa Makau ruled that Mr Odongo had a right to know the circumstances of his dismissal and, if he felt he had been dismissed, a right to seek compensation from the court. did. The process of firing him.
“In the UK, legislation is also being developed to allow Crown employees to seek redress under employment law.The contract before me allows claimants to seek compensation from the court if they feel there has been a breach. “We have the right to ask for it,” he said.
“The court cannot exclude him because this contract is not sophisticated enough to fall within the category of a contract at the will of the state or the Crown,” the judge added.
He also said that termination is a mixed question of law and fact, and that a public hearing will be required to determine whether it is appropriate.
“We need to investigate the reasons for the dismissal to see if it was indeed justified,” he said. “Courts have the right to examine the circumstances of termination. Indeed, there may be no technology or innovation that allows courts or parties to act beyond the scope of statute or contract.”
The government was temporarily prohibited from appointing a managing director for the National Social Security Fund pending a court decision on whether the case merited litigation.
Mr Makau had ordered that the position should not be made public and no program should be introduced to replace Odongo.
Odongo, who was relieved of his duties, challenged the decision to remove him, arguing that Labor Secretary Kazungu Kambi had broken the law and that his decision was illegal and unconstitutional.
Justice Makau heard that the NSSF had already paid Odongo 2.9 million nits in terminal fees.
Mr Odongo said he had no legal authority to remove Mr Kambi as all powers regarding the management of the NSSF were vested in the board.
Lawyer Ochien Oduor, who appeared for the sacked trustees, said the minister could only act on the recommendation of the board.
However, the minister’s lawyer, Ahmednasir Abdullahi, said that Article 33 of the NSSF law stipulates how the administrator can be removed.
He said the exit document signed by Mr Odongo sealed his fate as it required him to pay three months’ salary in lieu of notice.
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