Tuesday, August 13, 2013

Kambi, NSSF lose bid to block suit

Kambi, NSSF lose bid to block suit

PHOTO | FILE Mr Tom Odongo.

Posted Monday, August 12 2013 at 23:30
Labour Cabinet Secretary Kazungu Kambi on Monday lost his bid to have a case filed against him by a sacked National Social Security Fund managing trustee struck out.
Industrial Court judge Nzioki wa Makau dismissed the objection filed by Mr Kambi and NSSF and directed the case “to proceed for the court to inquire into the reason why the termination of Mr Tom Odongo took place.”
In directing the case to proceed to full trial the judge said: “The courts cannot shut him (Odongo) out as the contract is not one which is so elevated as to fall into the category of a contract at the pleasure of the State. The termination of the contract is a question of mixed law and facts. It will require a hearing on the merits to determine whether the termination was merited.”
Mr Odongo has stated that he was irregularly and unlawfully removed from office. (READ: Kambi defends decision to sack NSSF boss)
Justice Makau said: “There must be an inquiry into the reason of termination. The court is entitled to enquire into the circumstances of the termination of the contract and should not determine those facts in limine (in a preliminary stage) as urged by the lawyer for Mr Kambi.”

The case will be heard on September 30.


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