National Social Security Fund (NSSF) has been ordered by the Court of Appeal to pay its former Nakuru Manager Caroline Wanjiku Karori Sh3 million as part of the Sh6.3 million the Labour Court awarded her for unfair dismissal.
Justices Martha Koome, Wanjiru Karanja and Asike Makhandia ordered NSSF to pay the amount within 30 days.
The court the NSSF board to deposit the remaining Sh3.3 million in an interest-earning joint account within 45 days. The account will under the names of Karori and the NSSF lawyers.
The orders were issued as conditions to allow an application by the NSSF to suspend execution of the Labour Court’s award of Sh6.3 million compensation for unfair dismissal.
The ex-manager who joined NSSF in 2011 was dismissed by the parastatal over financial malpractices.
The labour court determined that Karori’s termination lacked justifiable cause and the sanction of summary dismissal lacked merits.
“No genuine, valid or fair reason applied to find Ms Karori culpable and deserving of summary dismissal. At the time of the disciplinary hearing on August 2, 2017, there was no genuine and reasonable cause to justify a summary dismissal being issued as a sanction to her,” said Labour judge justice Mbaru.
The court found that there was no evidence to prove the claims of financial malpractices since there was no indication that the records had been manipulated by Karori or any other employee under her supervision.
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Karori was also accused of refusing to cooperate with auditors when she was requested to write a statement.
NSSF told the court that the accused (Karori) had been informed through an anonymous letter from a whistle-blower of the financial impropriety and fraudulent activities.
The NSSF then called for an investigation, claiming that Ms Karori has attempted to frustrate the probe by refusing to co-operate with the auditors.
