The Supreme Court has declined to overturn the new National Social Security Fund monthly charge deduction.
The court stated that hearing and deciding the consolidated appeal on a priority basis will best serve the interests of justice in resolving the primary dispute.
However, the Supreme Court has stated that the appeal is debatable.
Following a decision by the Court of Appeal that allowed NSSF to increase workers’ monthly payments beginning March 9, 2023, the County Pensioners Association filed an appeal with the Supreme Court.
The NSSF Act 203 increased monthly contributions to the fund by 98 per cent.
Three Appellate judges in February set aside a High Court order issued in September last year declaring the NSSF Act 2013 unconstitutional, citing a lack of public participation and non-concurrence by the Senate during the legislative process.
By declaring the NSSF Act 2013 legal and constitutional, the three Court of Appeal judges Hannah Okwengu, Mohamed Warsame and John Mativo ended a legal combat that raged on from 2014.
In the new law, for employees who were parting with Ksh.200 every month as statutory deductions, their contribution to NSSF rose ten-fold, with their employers matching the same.
Those earning less than Ksh.15,000 every month are now parting with Ksh.350; those earning above the said amount are deducted Ksh.900 per month, while those with a monthly income of Ksh.18,000 and above are deducted Ksh.1,080, an amount their employers match.
