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Originally published by Capital Businessbusiness
June 30, 2026
3h ago
Court of Appeal voids own May ruling in NSSF Act case, cites ‘error on the face of record
“The Court mistakenly delivered a ruling on the spent stay application dated 14th October 2022… instead of ruling on the Union’s joinder application, which was the only live matter before the Court,” the statement said...
✨ Key Highlights
The Court of Appeal has voided its own May 29, 2026 ruling concerning the NSSF Act, 2013 dispute due to an "error apparent on the face of the record."
- The court mistakenly ruled on a previously resolved stay application instead of a pending application for the Kenya Export Floriculture, Horticulture and Allied Workers Union to be joined as an interested party.
- This error led to confusion among stakeholders like the Law Society of Kenya, Federation of Kenya Employers, and COTU Kenya.
- The court acknowledged the procedural mistake was obvious and self-evident, citing the need to uphold public confidence in the justice system.
- The court will now hear the union's joinder application on July 3, 2026, before proceeding with the substantive hearing of the remitted appeal.
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