Agricultural unions oppose deal in NSSF contribution suit

Employers in the agriculture sector have rejected a proposal for an out-of-court settlement in a dispute over higher pension contributions to the National Social Security Fund (NSSF).

The Kenya Tea Growers Association and Agricultural Employers Association said in a letter addressed to the Supreme Court of their wish to proceed with the hearing of the case and let the top court determine the dispute.

In another letter addressed to the court ahead of Wednesday’s hearing, the County Pensioners Association proposed the withdrawal of the case if NSSF agrees to exempt workers with superior pension schemes from paying higher contributions to the Fund.

“We have instructions to initiate negotiations on a mutually agreeable settlement of the dispute embodied in the above cases, which essentially revolves around the subjection of previously exempt employees to mandatory NSSF membership,” Muthomi Thiankolu, who is representing the County Pensioners Association stated.

However, the two agricultural employers’ associations, stated that they are not party to the negotiations.

“The issues before the Court of Appeal were the jurisdiction of the Employment and Labour Relations Court and the constitutionality of the provisions of the NSSF Act, 2013. In our considered opinion, there are matters which can only be determined through the intervention of the honourable court and not by way of the parties’ consent.

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