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The Court of Appeal recently delivered a ruling in National Social Security Fund Board of Trustees v Kenya Tea Growers’ Association & 14 others [2026] KECA 1013 (KLR), dismissing an application for a stay of the judgment of the Employment and Labour Relations Court (ELRC) delivered on 19 September 2022. The ELRC judgment had declared the National Social Security Fund Act 2013 (the NSSF Act, 2013) unconstitutional.
17 June 26
Other Insights:
The Court of Appeal’s ruling has created renewed uncertainty regarding the applicable framework for NSSF contributions and, in particular, the position employers should take in practice.
This legal alert sets out the background to the dispute, summarises the Court of Appeal ruling, and highlights practical considerations arising for employers.
Click here to download and read the full alert.
Should you have any questions on this legal alert, please do not hesitate to contact Sonal Tejpar, Rosa Nduati-Mutero or Faith Macharia.
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Contributor
Leah Muhia – Principal Associate