NAIROBI, Kenya Jun 30 – The Court of Appeal has set aside a May 29, 2026 ruling on the NSSF Act, 2013 dispute, admitting it determined an application that was no longer active.

📻 Breaking It Down

In a statement, the appellate court said the ruling contained “an error apparent on the face of the record” because it addressed a spent stay application instead of a pending joinder request.

“The ruling of 29th May 2026 was founded on an error apparent on the face of the record, as it determined an application that was no longer live,” the court said.

The dispute dates back to the NSSF Act, 2013, which replaced the old Sh200 monthly flat contribution with a salary-based tier system.

📌 What You Need to Know

The Employment and Labour Relations Court declared the Act unconstitutional in September 2022. NSSF appealed and, on October 14, 2022, sought a stay of execution pending appeal.

The main appeal was determined on February 3, 2023, and the matter later moved to the Supreme Court.

In February 2024, the Supreme Court sent parts of it back to the Court of Appeal. Meanwhile, the Kenya Export Floriculture, Horticulture and Allied Workers Union filed an application on September 23, 2024 to be joined as an interested party.

It was heard on January 23, 2025 and reserved for ruling. On May 29, 2026, the court mistakenly delivered a ruling on the old October 2022 stay application, declining to suspend the ELRC judgment.

It should have ruled on the union’s joinder application instead.

“The Court mistakenly delivered a ruling on the spent stay application dated 14th October 2022… instead of ruling on the Union’s joinder application, which was the only live matter before the Court,” the statement said.

📰 Source: Capital FM Kenya