Lawyer George Kithi for Kenya County Workers Union.
Kenya County Workers Union has moved to court seeking orders to stop the National Social Security Fund from commencing the new deductions from employees which is to become effective from May 31.
The worker’s union through their lawyer George Kithi filed the application under certificate of urgency, saying that if court the does not intervene both NSSF and the cabinet secretary for labour social security’s services will ensure the new Act of 2013 shall take place.
The lawyer told Justice Mumbi Ngugi, that the commencement of the NSSF Act 2013 will have multiple perverse effects on the workers union members including many of thousands of Kenyans.
He said that it’s needless and justifiably to compel the applicant’s members to abandon the current pension scheme and join the new one without taking into account financial burden facing many Kenyans.
”To put the entire county’s pensions and social security services onto the care and management of s single player that is NSSF is to risk the lives of many employees” he said.
The Act 2013 if it’s not halted now will effectively kill or stifle other pension and social security schemes across the counties to the preserve of NSSF with realizing the unprecedented and unimaginable macroeconomic instability of the county.
The lawyer sought a conservatory order against NSSF and cabinet secretary Kazungu Kambi be barred from applying the new social security fund Act 2013 on members of the union and other employees who have adequate alternative pension, pending the hearing and determination of the petition.
He said the impugned section under new Act 2013 if brought into force will have many perverse effects on the worker’s union members and other employees working in the country.
The court heard that when it was being established the county senate was not involved as required by law, saying the Act is unconstitutional and null void and the court should make such declaration.
However the presiding judge in her directions she ordered the file be placed before the head of Industrial court on Monday 9 for further orders as to the hearing of the application.
The judge said the matter is purely an employee and employer relations which should be handled at the industrial court division