Donation Amount. Min £2

The Supreme Court has annulled a Court of Appeal decision declaring the National Social Security Fund (NSSF) Act unconstitutional citing jurisdiction infringement.

In a decision rendered on Wednesday, the country’s highest court determined that a consolidated petition contesting the statute fell within the jurisdiction of the Employment and Labour Relations Court (ELRC) and that the Court of Appeal wrongfully assumed jurisdiction on the matter.

“It is our holding that where the Court of Appeal determines that a trial court has acted without jurisdiction in determining a matter, it cannot assume original jurisdiction over the same,” a full bench of the court led by Chief Justice Martha Koome determined.

The Supreme Court further argued that the Appellate Court, having determined the question of contested jurisdiction between the Constitutional Court and ELRC, appeal judges ought to have proceeded to remit the matter to the right court for determination.

“Having so found, the Appellate Court has to remit the case to the court that is clothed with jurisdiction to dispose of the same without going into the merits of the dispute, for doing so may prejudice the fair determination of the case by the court with jurisdiction,” the 7-bench court asserted.

Petitioners in the suit, who included the Kenya Tea Growers Association, had contested the coming into force of the Act citing insufficient public participation.

The Constitutional Court referred two petitions to ELRC which subsequently consolidated a petition in Nakuru and Nairobi for hearing.

The Supreme Court noted that then ELRC Principal Judge Juma Nderi agreed that both judges of the Constitutional Division and those of the Labour Division could hear the matter prompting the decision by the Chief Justice to empanel a mixed bench.

The Court of Appeal declared the establishment of a mixed bench unconstitutional and later annulled a verdict by an ELRC bench on grounds the court lacked jurisdiction.

In its decision on Wednesday, Supreme Court judges however faulted the Appeal Court’s failure to remit the matter to the Constitutional Division of the High Court which it determined as the appropriate forum for the case.

The apex court reinstated the verdict of the ELRC and referred the matter to the Court of Appeal to determine the petition based on the findings of the Employment Court. By Sharon Resian, Capital News

About IEA Media Ltd

Informer East Africa is a UK based diaspora Newspaper. It is a unique platform connecting East Africans at home and abroad through news dissemination. It is a forum to learn together, grow together and get entertained at the same time.

To advertise events or products, get in touch by info [at] informereastafrica [dot] com or call +447957636854.
If you have an issue or a story, get in touch with the editor through editor[at] informereastafrica [dot] com or call +447886544135.

We also accept donations from our supporters. Please click on "donate". Your donations will go along way in supporting the newspaper.

Get in touch

Our Offices

London, UK
+44 7886 544135
editor (@) informereastafrica.com
Slough, UK
+44 7957 636854
info (@) informereastafrica.com

Latest News

Standard Group CEO feted among 2025's Most Influential CEOs

Standard Group CEO f...

Mr. Daniel Juma, Country Director of Global Peace Foundation Kenya- awarded in Nairobi.[Esther Dian...

African trade war escalates as Tanzania bans all agricultural imports from South Africa, Malawi

African trade war es...

Tanzania has blocked all agricultural imports from Malawi, its southern neighbour, and South Africa...

South Sudan opposition group urges Nuer militia to abandon Machar

South Sudan oppositi...

Former SPLM-IO governor of the defunct Sobat state and member of the NLC Duer Tut Duer. [Photo via...

DR Congo and M23 rebels reach ceasefire deal in Qatar talks

DR Congo and M23 reb...

It is the latest truce deal since the rebels stepped up an offensive in eastern DR Congo where autho...

For Advertisement

Big Reach

Informer East Africa is one platform for all people. It is a platform where you find so many professionals under one umbrella serving the African communities together.

Very Flexible

We exist to inform you, hear from you and connect you with what is happening around you. We do this professionally and timely as we endeavour to capture all that you should never miss. Informer East Africa is simply news for right now and the future.

Quality News

We only bring to you news that is verified, checked and follows strict journalistic guidelines and standards. We believe in 1. Objective coverage, 2. Impartiality and 3. Fair play.

Banner & Video Ads

A banner & video advertisement from our sponsors will show up every once in a while. It keeps us and our writers coffee replenished.