NATIONAL SOCIAL SECURITY FUND BOARD TRUSTEES, ATTORNEY GENERAL & CABINET SECRETARY, MINISTRY OF LABOUR SOCIAL SECURITY & SERVICES V. CENTRAL ORGANIZATION OF TRADE UNIONS (K)

JUDGMENT OF THE COURT

On 8^th April 2014, the High Court of Kenya at Nairobi, (Odunga, J.) issued an order of mandamus in favour of the respondent, the Central Organization of Trade Unions (Kenya), (COTU) directing the 3^rd Appellant, the Cabinet Secretary, Ministry of Labour, Social Security and Services (the Cabinet Secretary), to appoint and gazette COTU’s nominee to the 1^stappellant, the National Social Security Board of Trustees (the Board) forthwith “in compliance with the provisions of section 6 of the NSSF Act, Cap 258, Laws of Kenya.” Aggrieved by that decision the Board filed Civil Appeal No. 119 of 2014 on 19^th May 2014. On their part, the 2^nd appellant, the Attorney General and the Cabinet Secretary filed Civil Appeal No. 131 of 2014 against the same judgment, on 23^rd May 2014.

To the extent that the two appeals arose from the same facts and judgment, involved the same parties and raised virtually the same issues, at the hearing of the appeals and with the consent of the parti…