Court of Appeal rescinds May 29 NSSF ruling after finding decision was issued in error

The Court of Appeal in Nairobi has rescinded a May 29 ruling that blocked the implementation of revised National Social Security Fund (NSSF) contribution rates, finding the decision was issued in error. In a Friday judgment, a three-judge bench—Justices Wanjiru Karanja, Kihara Kariuki Minoti, and Pauline Nyamweya—said the May 29 decision determined an application that was not live before the court and on which parties had not been heard. The ruling overturns a decision with major implications for NSSF contributions and for implementing the NSSF Act, 2013. Earlier, on May 29, the court had refused the NSSF Board of Trustees’ bid for a stay of execution of a 2022 Employment and Labour Relations Court (ELRC) judgment. The ELRC had declared key provisions of the Act unconstitutional. The bench said constitutional due process required parties be heard, and ordered the application to be heard expeditiously. The broader appeal over the Act’s constitutionality remains ongoing.