CS Kazingu Kambi, Pusetu’s applications thrown out

NAIROBI, KENYA: The Labour Relations and Employment Court has dismissed two separate applications filed by Labour Cabinet Secretary Kazungu Kambi and Public Service Trade Unions of Kenya (Pusetu).

This is in a case challenging the removal of Central Organisation of Trade Unions (Cotu) Secretary General Francis Atwoli from the National Social Security Fund board.

Through his lawyer Ahmednasir Abdullahi, Mr Kambi argued that the court had no power to hear the case.

"This court has no jurisdiction to hear this matter. A labour court is limited to entertain certain cases and this is not one of them," Mr Ahmednasir said.

Dismissing Mr Kambi's application, Labour Court Judge Monicah Mbaru said the dispute between Mr Atwoli and the Cabinet Secretary concerns labour matters and thus the court has the powers to determine it.

Ahmednasir told the court that the dispute between his client and Atwoli is not employment-related.

On the other hand, Judith Guserwa, who was representing Atwoli said the case is labour-related because Kambi had kicked out workers' representatives from the NSSF board.

Kambi had gazetted a notice kicking out Atwoli and Federation of Kenya Employers' (FKE) Chief Executive Officer Jaqueline Mugo from the NSSF board, saying their term had expired.

Justice Mbaru also dismissed another application by Cotu's rival union Pusetu, saying that the union had no claims against Atwoli in the case and thus could not be allowed to come in as an interested party.

In their application, the Charles Mukhwaya-led union argued that majority of workers contributing to the fund are Pusetu members and thus they should be allowed to have a representative in the board.

Justice Mbaru also extended her orders allowing Atwoli and Mugo to continue sitting in the board until the case is heard and determined.