Amidst the legal intricacies surrounding the National Social Security Act number 45 of 2013 in Kenya, the National Social Security Fund (NSSF) has issued a resounding affirmation to employers, asserting that the aforementioned Act is still in full force and effect.
This proclamation comes on the heels of a recent and noteworthy ruling handed down by the Supreme Court, a development that many seem to be misinterpreting, including those within the mainstream media across the country.
The genesis of this ruling by the Supreme Court can be traced back to a case that pitted the Kenya Tea Growers Association against the National Social Security Fund (NSSF), on the implementation of the new enhanced rates as stated within the NSSF Act of 2013.
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Delving into the intricacies of the Supreme Court’s pronouncement, the judiciary asserted, “It is our holding that where the Court of Appeal determines that a trial court has acted without jurisdiction in determining a matter, it cannot assume original jurisdiction over the same.”
In response to the ruling by the highest court on land, the NSSF Board of Trustees released a communication on a Thursday evening, seeking to untangle the complex web of legalities for the Kenyan emanating from the ruling.
Acknowledging the Supreme Court’s ruling, the Board of Trustees clarified that the apex court did not nullify or set aside the previous orders issued by the Court of Appeal on the Act and the implementation of the same.
“The Supreme Court has not lifted the Court of Appeal Orders delivered on February 3, 2023. Consequently, the National Social Security Fund Act No. 45 of 2023 remains in force,” said part of the statement released by Dr. Christopher Khisa, Manager, Corporate Communications and CSR at NSSF.
Here is the statement:
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