The Employment and Labour Relations Court has granted permission for the National Social Security Fund (NSSF) managers’ recruitment process to proceed, but with strict adherence to relevant laws. Judge Byram Ongaya emphasized that the recruitment should align with the court’s previous orders, maintaining the principles outlined in a prior judgment regarding NSSF’s human resource policies.

In a previous ruling delivered on April 13, 2022, Justice Jacob Gakeri declared the human resource policies and guidelines approved by the NSSF Board of Trustees null and void due to the lack of approval from the Public Service Commission (PSC). The judgment suspended any recruitment processes until the policies were duly approved by the Commission.

Despite this, the NSSF Board of Trustees advertised vacancies for the general manager, various managerial roles, and other official positions in November 2023. In response, petitioner Peter Chege Esbon sought conservatory orders from the court, requesting the suspension of the recruitment process until the case was heard and determined.

Justice Ongaya’s recent ruling allows the recruitment to continue but strictly in accordance with relevant laws and consistent with the findings and orders in the previous judgment. The petitioner argued that the advertisement for vacancies violated the court’s decision, as the board had not submitted its human resource instruments to the PSC for approval before implementation.

Esbon highlighted concerns about the potential misuse of taxpayers’ funds through an unlawful process and accused the board of trustees of undermining the authority of the court. Justice Ongaya granted the petitioner’s prayers and certified the petition as urgent.

Leave a Reply