By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Newsunplug KenyaNewsunplug KenyaNewsunplug Kenya
  • News
    • Metro
    • Politics
    • Business
  • Entertainment
  • Lifestyle
  • Sports
  • Tech
  • Spotify
Reading: Supreme Court Refers NSSF Act Case Back To Court Of Appeal
Share
Notification Show More
Font ResizerAa
Newsunplug KenyaNewsunplug Kenya
Font ResizerAa
  • News
  • Entertainment
  • Lifestyle
  • Sports
  • Tech
  • Spotify
  • News
    • Metro
    • Politics
    • Business
  • Entertainment
  • Lifestyle
  • Sports
  • Tech
  • Spotify
Have an existing account? Sign In
Follow US
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
Newsunplug Kenya > Blog > News > Supreme Court Refers NSSF Act Case Back To Court Of Appeal
News

Supreme Court Refers NSSF Act Case Back To Court Of Appeal

hallanaija
Last updated: February 21, 2024 7:35 pm
hallanaija
1 year ago
Share
SHARE

The Supreme Court has returned a petition challenging the National Social Security Fund (NSSF) Act 2013 to the Court of Appeal citing wrongful assumption of the Employment and Labour Relations Court jurisdiction.

In the judgement rendered by a seven judge-bench led by Chief Justice Martha Koome, the apex court stated that the appellate court erred in their finding that the Labour court has no powers to hear the case challenging the hiking of NSSF contributions from Ksh.200 to Ksh.2,000.

In the case that was filed by the Kenya Tea Growers Association, Agricultural Employers Association and the County Pensioners Association, the Supreme Court further overturned the appellate court’s interpretation of the jurisdiction of the Employment and Labor Relations Court while further clarifying that the Labour Court holds explicit jurisdiction to adjudicate on the constitutionality of a statute.

According to the appellate court, the issue fell squarely within the jurisdiction of the High Court under Article 165(3) of the Constitution, and in any event, the dispute did not arise from an employer-employee relation as prescribed in Section 12 of the Employment and Labour Relations Court Act.

READ MORE  Burundi suspends Agathon Rwasa's main opposition party

During the hearing of the petition, the appellants argued that their members had long-standing adequate pension and social security schemes with their employers which were more advantageous than those proposed by the NSSF Act 2013.

The petitioners further asserted that they would be overburdened and lose their years’ contributions to the existing pension schemes.

They likewise challenged the constitutionality of the Act, citing insufficient public participation, the mandatory registration of employees under the fund unlike the previous NSSF Act which exempted members of existing pension schemes from registration, and the failure to involve the Senate in the enactment process despite the obligation for county governments to make payments to the fund.

They similarly decried granting regulatory powers to the NSSF Board of Trustees instead of the Retirement Benefits Authority, enhancing social security benefits exclusively for employed individuals, thus discriminating against the unemployed and allowing the Cabinet Secretary for Labour and Social Security to determine the board’s remuneration, a responsibility typically assigned to the Salaries and Remuneration Commission (SRC);

Conferring a monopoly on the NSSF Board for the provision of pension and social security services was also cited by the petitioners.

READ MORE  Kenyans in Mozambique urged to invest back home

At the Court of Appeal, Justices Hannah Okwengu, Mohamed Warsame and John Mativo ruled that the NSSF Act 2013 was legal and nothing stops the government from implementing amendments captured in it.

The government’s plan was however cut short by Labour Court judges Nduma Nderi, Hellen Wasilwa and Monica Mbaru in September last year when they declared the act illegal and unconstitutional.

Siaya DG Oduol Blames Procurement Officer, Accountant For Sh1.1mn Chair Purchase
The accusations are racially motivated ” – Georgia district attorney accused of hiring her lover to prosecute Donald Trump breaks her silence
Senate ‘Mashinani’ preparations in Busia are led by Clerk Nyegenye.
Columbia University suspends more than 65 students over library occupation
ODM meets to discuss the fate of legislators who voted for the finance bill.
Share This Article
Facebook Email Print
Previous Article Somalia Endorses Defence Deal With Turkey
Next Article Mutua Claps Back As KECOBO Questions Royalty Payout
Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

about us

We influence 20 million users and is the number one business and technology news network on the planet.

Recent Posts

  • Club World Cup: Messi playing with statues – Zlatan Ibrahimović defends Inter Miami captain
  • He will be a great coach – Wenger to meet ex-Arsenal captain, Fabregas
  • Eight arrested for alleged fertilizer theft during June 25 protests
  • Ex-police spokesman Owino claims hawker Boniface Kariuki abused the police before being shot
  • Motion filed to remove Kindiki, Murkomen from Roll of Advocates

Recent Comments

No comments to show.
Newsunplug KenyaNewsunplug Kenya
© Newsunplug Kenya. All Rights Reserved.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?