The Supreme Court has declined to allow the Law Society of Kenya (LSK) to participate in a case challenging the enhanced National Social Security Fund (NSSF) contributions.
A bench of five led by Chief Justice Martha Koome ruled the LSK did not meet the conditions which would warrant its admission as amicus curiae in the appeal.
The County Pensioners Association moved to the court arguing that enhanced contributions will see the State corporation become a monopoly and kill the pensions industry.
The association said this is because employers are likely to transfer employees to NSSF from other schemes to cut costs.
The LSK had sought to join the case, arguing it is mandated to assist courts in matters relating to legislation, the administration of justice and the practice of law.
“Nonetheless, LSK has not addressed the aforementioned issues in its proposed amicus brief and therefore, its participation in the matter will not be of any assistance in the resolution of the dispute,” the Supreme Court said.
The judges noted that the dispute has been pending in courts for more than 10 years yet the LSK did not seek to participate in the case.
The court said the LSK has not demonstrated any expertise in the issues it seeks to advance and has taken sides by advancing the position the appellants presented.
