By Jeff Kizzilah Digital Editor
The Law Society of Kenya (LSK) has issued a statement clarifying the legal status of the National Social Security Fund (NSSF) Act, 2013 following a ruling by the Court of Appeal delivered on 29th May 2026.
According to the LSK, the constitutionality of the NSSF Act has been the subject of prolonged litigation since 2014.
The Employment and Labour Relations Court (ELRC) had previously declared several provisions of the Act unconstitutional and invalid. Although the Court of Appeal temporarily reinstated the law in February 2023 on jurisdictional grounds, the Supreme Court later overturned that decision in February 2024 and referred the matter back to the Court of Appeal for determination on its substantive merits.
The Society noted that the Court of Appeal’s recent decision to decline an application for stay of execution has significant legal implications. In the absence of a valid stay order, the ELRC judgment declaring the NSSF Act unconstitutional remains in force and binding until the substantive appeal is heard and determined.
LSK emphasized that adherence to court orders is a fundamental pillar of the rule of law and constitutional governance. The Society stated that court orders are not optional directives but binding decisions that must be obeyed by all individuals, institutions, and state agencies unless lawfully reviewed, varied, or set aside by a competent court.
The Society cited several judicial authorities affirming the obligation to comply with court orders, warning that failure to do so undermines the rule of law and threatens constitutional order.
LSK further urged all relevant government agencies, employers, employees, and stakeholders to respect the current legal position while awaiting the final determination of the substantive appeal. The Society reiterated that compliance with judicial decisions remains essential in preserving public confidence in the administration of justice.
The Law Society of Kenya affirmed its commitment to defending constitutionalism, promoting the rule of law, and ensuring that all public institutions operate within the framework of the Constitution and court decisions.
