Supreme Court deals RUTO another severe blow weeks after CJ MARTHA KOOME met him at State House

Thursday, February 22, 2024 - The Supreme Court has lifted the orders by the Court of Appeal which allowed President William Ruto's administration to increase mandatory pension contributions under the National Social Security Fund (NSSF) scheme.

In a ruling delivered by a seven-judge bench, Chief Justice Martha Koome noted that the Court of Appeal erred in its decision by overturning a ruling issued by the Employment and Labour Relations Court (ELRC) on the basis that the court lacked jurisdiction to issue the judgment.

In the initial ruling, the Court of Appeal granted the NSSF Act 2013, arguing that the matter ought to have been determined by the High Court and not the ELRC.

"In the circumstances, this case is to be remitted to the Court of Appeal to determine the substantive merits of the Judgment of the ELRC.

'Due to the nature of the matter, the surrounding public interest, and the time taken by the case in the corridors of justice, it is prudent that the matter be heard on a priority basis," the CJ ruled.

Justice Koome ordered that the case be heard afresh by the Court of Appeal to determine if it has sufficient legal grounds to either be approved or dismissed.

As a result, the NSSF Act 2013 case, which has been dragged in court for more than nine years regarding its legality, will continue.

The ruling by Chief Justice Martha Koome deals a blow to Ruto's administration which had already begun collecting the deductions.


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