BY SAM ALFAN.
Industrial court judge has directed Kenya County Workers Union case against National Social Security Fund over dispute on new deduction to proceed into full hearing to determine the issues raised by the Workers.
Justice Mathews Nderi, said until the matter is heard and determined, NSSF shall not affect the new rates given that another court of similar jurisdiction has issued the restraining orders.
The judge further directed that the parties to the dispute do file their respective submissions and the matter to proceed on July 17.
Kenya County Workers Union moved to court seeking orders to stop the NSSF from commencing the new deductions from employees which i became effective May 31.
The worker’s union through their lawyer George Kithi filed the application under certificate of urgency, saying that if the court 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 has submitted 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 its 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 without realizing the unprecedented and unimaginable macroeconomic instability of the county.
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 Act 2013 was being established the county senate was not involved has required by law, saying the Act is unconstitutional and null void and the court should make such declaration.