Court stops new NSSF contributions

The National Social Security Fund (NSSF) has suffered a major setback after the Industrial Court in Nakuru issued orders suspending plans to roll out the increased contributions by workers.

Justice Byram Ongaya yesterday issued orders directing that the status quo remain pending the inter partes hearing. This was after a successful application by Kenya Plantation and Agricultural Workers Union (KPAWU).

The court also certified the matter as urgent and ordered the union to serve NSSF and the Attorney General before the hearing on June 25.

The claimants, led by KPAWU Deputy General Secretary Thomas Kipkemboi, in a sworn affidavit say the union with a membership of 400,000 will not agree its members to be deducted the new NSSF rates before the minimum wage is gazetted.

They say the new NSSF Act contravenes the country’s Constitution and also the freedom of association.

“We are aware that there are better schemes that workers are currently enjoying which are more superior that what the new Act provides,” the union says.

The union has vowed not to allow the Government to force workers into the NSSF scheme, saying this contravenes the freedom of association as enshrined under Article 36 of the Constitution.

The affidavit says KPAWU will not allow its members to contribute the new rates until the Central Organisation of Trade Union nominee to NSSF Damaris Muhiga is gazetted.