LSK Warns of Legal Repercussions in NSSF Act Dispute

The Law Society of Kenya (LSK) has issued a stern warning regarding the ongoing National Social Security Fund (NSSF) Act dispute. The organization emphasized the constitutional obligation to comply with court orders, highlighting potential legal actions against parties that fail to adhere.

This development follows the Supreme Court's decision in February 2024 to remit the NSSF Act case back to the Court of Appeal. The case had attracted significant attention due to its implications on employer-employee relations and statutory obligations.

On May 29, 2026, the Court of Appeal declined to stay the Employment and Labour Relations Court (ELRC) judgment, further complicating the situation for employers. The ELRC had previously ruled on aspects of the NSSF Act, prompting a series of legal challenges from various stakeholders.

The LSK has expressed its intent to monitor compliance with the court orders closely. The society warned that employers who continue to make NSSF deductions in defiance of the court's rulings may face legal consequences.

This situation underscores the broader legal implications of disregarding court orders in Kenya. The LSK's intervention highlights the potential risks for employers who might overlook judicial decisions.

What remains unclear is how many employers are currently in non-compliance and the specific legal actions the LSK might pursue. The unfolding legal landscape requires close attention as stakeholders navigate the complexities of the NSSF Act dispute.