The Central Organisation of Trade Unions (COTU) Secretary General, Francis Atwoli, has threatened to take legal action against former Deputy President Rigathi Gachagua for telling Kenyans to withdraw their National Social Security Fund (NSSF) funds.

In a statement a day after Gachagua made the public remarks, Atwoli claimed that the comments bordered on economic sabotage and urged the government to take the necessary steps of suing the former deputy president.

"We wish to remind Gachagua that social security is a serious matter and not a political playground. It is, therefore, very reckless and outrightly malicious for Gachagua to call upon Kenyan workers to withdraw their funds with the aim of collapsing NSSF," part of the statement

"If anything, the utterances by Gachagua border on economic sabotage, and we call upon the Government of Kenya to consider taking appropriate legal action against him for these outrageous, careless and irresponsible statements."

COTU boss Francis Atwoli speaking during a meeting on August 31, 2023.

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COTU

Atwoli further called out Gachagua, asserting that his claims that the NSSF funds were being siphoned by the government were uninformed and demonstrated his ignorance.

According to Atwoli,  it has taken years of hard work to grow NSSF’s portfolio from Ksh26 billion to over a trillion shillings

"That said, Gachagua has no moral ground to advise Kenyans, or any government institution, on investment, considering he has made a name out of amassing billions through business dealings and questionable procurement arrangements known to Kenyans, including seizing his brother’s properties against the wishes of the family," the statement continued.

Furthermore, Atwoli dismissed Gachagua as being a part of the team mismanaging the NSSF funds, yet he had left his position as a board member of NSSF when he retired in 2021.

He also reiterated that NSSF operates strictly under investment guidelines as approved by the Retirement Benefits Authority (RBA) and that all investments undertaken by NSSF are managed by licensed investment managers and must comply with strict statutory requirements.

However, he concluded the statement by urging the Board of Trustees of NSSF to publicly address the audit queries raised by the Auditor General concerning the Financial Year ending June 2024, in which the Fund has been asked to account for over Ksh16 billion.

While speaking in Mazeras on Saturday, June 7, alleged that funds meant for NSSF were being diverted to infrastructure projects and questionable deals, including a 99-year lease of Bomas of Kenya to an Indian investor.

He also claimed that the money was being used to fund the construction of the Mau Summit-Rironi highway, a major infrastructure project set to begin in June and expected to be completed by June 2027 and urged Kenyans to withdraw their funds before it was too late.

Rigathi Gachagua during a church service in Gatanga, Murang'a County on Sunday, May 18 2025