Supreme Court bars LSK from participating in NSSF rates case
The Law Society of Kenya (LSK) has been denied participation in a case challenging the enhanced National Social Security Fund (NSSF) contributions.
Chief Justice Martha Koome leading a five-judge bench ruled that LSK did not meet the conditions which would warrant admission as amicus curiae in the appeal.
The County Pensioners Association moved to the court arguing that enhanced contributions will see the State corporation become a monopoly and kill the pensions industry.
According to the association, employers are likely to transfer employees to NSSF from other schemes to cut costs.
The LSK had sought to join the case, arguing that it is mandated to assist courts in matters relating to legislation, administration of justice and the practice of law.
The judges indicated that the dispute has been pending in courts for more than ten years yet the LSK did not seek to participate in the case.
The court holds the view that LSK has not demonstrated any expertise in the issues it seeks to advance and has taken sides by advancing the position the appellants presented.
“Nonetheless, LSK has not addressed the aforementioned issues in its proposed amicus brief and therefore, its participation in the matter will not be of any assistance in resolution of the dispute.” The Supreme Court said.
