NAIROBI,Kenya June 6 – The Central Organization of Trade Unions (Kenya) has urged workers and employers to continue remitting enhanced National Social Security Fund (NSSF) contributions, insisting that the contribution framework under the NSSF Act, 2013 remains legally in force despite a recent Court of Appeal ruling.
In a statement issued on Friday, COTU Secretary General Dr. Francis Atwoli said the workers’ umbrella body had taken note of a recent Court of Appeal decision relating to the NSSF Act but maintained that the enhanced contribution rates remain valid and enforceable.
According to COTU, the legal position is anchored on an earlier Court of Appeal judgment delivered on February 3, 2023, which upheld the implementation of the NSSF Act, 2013.
“As Kenyan workers, we shall continue contributing under the enhanced contribution framework provided for under the National Social Security Fund Act, 2013, which, in our view, remains valid and enforceable,” the statement said.
The court dismissed an application by the National Social Security Fund (NSSF) seeking to suspend a judgment that declared the Act unconstitutional.
In a ruling delivered on May 29, 2026, the appellate court rejected NSSF’s bid to temporarily revive the law while pursuing an appeal, finding that the Fund had failed to demonstrate that refusing an application against it would cause irreparable harm to the pensions sector.
The three-judge bench noted that while NSSF had raised arguable legal questions, including whether the Employment and Labour Relations Court erred in finding that the Act required Senate participation before its enactment, merely presenting an arguable appeal was not sufficient.
The trade union federation questioned the basis of the recent ruling, arguing that it appeared to address issues that had already been conclusively determined by the court.
COTU contended that an application for stay of execution filed in October 2022 ceased to exist once the Court of Appeal delivered its substantive judgment in February 2023 and therefore could not be the subject of a subsequent determination.
The union further noted that when the matter later reached the Supreme Court, the apex court did not revive the application but instead referred specific substantive issues back to the Court of Appeal for consideration.
“What makes this situation even more perplexing is that the Supreme Court, upon hearing the subsequent appeal, did not revive the spent application but merely remitted specific substantive issues back to the Court of Appeal for determination,” COTU said.
The workers’ body called for clarification on the matter, saying the uncertainty had created confusion among workers, employers, pensioners and other stakeholders concerned about retirement savings.
Despite the legal questions raised by the latest ruling, COTU maintained that employees should continue making contributions in line with the rates currently prescribed under the law.
The federation also urged employers to remain compliant and continue remitting deductions to the fund, warning against attempts to exploit the uncertainty surrounding the court decision.
At the same time, COTU called on the National Social Security Fund to strengthen its compliance mechanisms to ensure all employers adhere to their statutory obligations.
The dispute over the implementation of the NSSF Act, 2013 has been the subject of prolonged litigation, with the enhanced contribution rates attracting both support and opposition from various stakeholders over concerns about their impact on workers and employers.
COTU said it would continue monitoring developments while awaiting further clarification on the court’s decision.
