Consumers Federation of Kenya (COFEK) suing through its officials namely Stephen Mutoro, Ephraim Kanake and Henry Ochieng v National Social Security Fund Board of Trustees & another; Cabinet Secretary, Ministry of Labour and Social Protection (Interested Party) [2022] KEELRC 248 (KLR)

Summary at a glance

Facts

The Petitioner, Consumers Federation of Kenya, brought a petition against the National Social Security Fund (NSSF) Board of Trustees, the Attorney General, and the Cabinet Secretary, Ministry of Labour and Social Protection, challenging the composition of the NSSF Board and the validity of its new human resource instruments.

Issues

• Whether the Petitioner has standing to commence these proceedings.
• Whether the 1st Respondent had the mandate to prescribe its human resource instruments.
• Whether the 1st Respondent acted in accordance with the applicable and relevant law.
• Whether the Petitioner is entitled to the reliefs sought.

Reasoning

The Court determined that the Petitioner has standing to bring the petition and that the 1st Respondent acted within the law. The Court also noted that the Petitioner's allegation regarding the illegal appointment of the Chairperson of the 1st Respondent was dismissed due to the stay granted by the Court of Appeal.

Outcome

The Court dismissed the petition.

Authorities cited