The Central Organisation of Trade Unions (COTU) has defended the continued deduction and remittance of National Social Security Fund (NSSF) contributions under the enhanced rates.

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In a statement dated June 10, COTU, through its Secretary General Francis Atwoli, warned some private sector employers who they accused of attempting to undermine the contributions framework, calling for compliance by both workers and employers despite the ongoing legal debate on the deductions.

COTU maintained that the contribution structure under the NSSF Act, 2013, remains valid, arguing that recent court-related developments do not amount to a suspension of the law.

The workers’ umbrella body based its position on a Court of Appeal ruling delivered on February 3, 2023, which it says still supports the current higher pension deductions.

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Atwoli said workers will continue contributing under the existing framework , warning that any deviation would expose employees’ retirement savings to risk and undermine long-term pension security.

“COTU (K) has reason to believe that most of the noise currently being generated around the implementation of the NSSF Act of 2013 is not motivated by concern for workers, the sole beneficiary of the enhanced benefits, but by commercial interests of some private insurance schemes determined to preserve their long-standing dominance over workers' retirement savings,” read part of the statement by COTU.

The union’s position comes at a time when there is renewed uncertainty following the appellate court ruling on May 29, 2026 , which declined to suspend an earlier decision that had challenged aspects of the NSSF Act, 2013.

Following the ruling, NSSF directed employers to maintain deductions at the current enhanced rates, stating that the ongoing litigation does not alter the prevailing contribution schedule.

The Fund’s directive came after a section of legal experts argued that the current framework used by NSSF to collect deductions is unlawful following the court’s ruling.

Even so, COTU further urged employers to comply with the law as currently applied, warning that failure to remit contributions could weaken the national pension system and expose workers to long-term insecurity in retirement.

📰 Source: Kenyans.co.ke