COFEK petitions High Court to halt NSSF penalties on employers, workers

Through an application filed by Secretary General Stephen Mutoro, the petitioner wants the court to restrain the NSSF from imposing penalties, sanctions, surcharges or any other enforcement measures against employers and contributors over alleged non-compliance with contribution obligations arising from conflicting directives issued after the Court of Appeal ruling delivered on May 29, 2026.

"Unless this Honourable Court intervenes urgently and grants appropriate conservatory relief, employers and employees shall continue to act upon the impugned notice, thereby exposing millions of Kenyans to continuing prejudice, uncertainty and potential financial liability whilst simultaneously undermining public confidence in the administration of social security legislation and the authority of judicial determinations," reads the application.

COFEK further seeks orders compelling the NSSF and relevant government authorities to publish a public advisory informing employers, employees and contributors that the dispute over the administration and enforcement of NSSF contribution obligations is pending before the court and that no adverse compliance action should be taken against any person relying on the contested directives.

"The impugned notice continues to inform payroll administration and statutory remittance decisions across the Republic and, unless urgently addressed, shall continue to affect employers, employees and contributors during every payroll cycle pending the hearing and determination of this Petition," COFEK states.

According to the application, on June 5, 2026, the NSSF issued a public notice titled "Clarification on the Status of NSSF Contributions" directing employers and employees to continue remitting contributions under the enhanced contribution framework established under the NSSF Act, 2013.

Mutoro argues that the notice is illegal, unconstitutional, null and void, and has influenced payroll administration and statutory deductions affecting millions of Kenyan workers across the country

The petitioner contends that the notice violates constitutional provisions on national values, access to information, consumer rights, fair administrative action and public service principles, and amounts to an attempt to circumvent the Court of Appeal's decision.

COFEK says the petition raises significant constitutional questions touching on social security, labour relations, statutory deductions, consumer protection, constitutional governance and the rule of law, and should therefore be certified urgent and heard on a priority basis.

The matter is pending before the High Court.