The Supreme Court has overturned the Court of Appeal’s orders on the controversial National Social Security Fund (NSSF) scheme.
The Act in its current status allows President William Ruto’s administration to increase mandatory pension contributions under the scheme.
Chief Justice Martha Koome said the Court of Appeal made an error in overturning a ruling by the Employment and Labour Relations Court (ELRC) based on jurisdictional grounds.
The initial Court of Appeal ruling granted the NSSF Act 2013, arguing that the matter should have been decided by the High Court rather than the ELRC.
Consequently, the case will return to the Court of Appeal for a fresh hearing to determine its legal merits.
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“The case is hereby remitted to the Court of Appeal to determine the substantive merits of the ELRC Judgment on an urgent basis,” reads the ruling.
NSSF Act Petitioners
The NSSF Act 2013 case, which has been in court for over nine years, will continue.
The Act faced five petitions challenging its legality, with two filed at the High Court and three at the ELRC.
Following a review, the ELRC declared the NSSF Act 2013 unconstitutional due to lack of public participation and failure to table it before the Senate before enactment.
The Court of Appeal found that the Act aimed to grant NSSF a monopoly in providing retirement benefits.
