The Consumers Federation of Kenya (COFEK) is seeking a conservatory order compelling the National Social Security Fund (NSSF) Board of Trustees and the Cabinet Secretary for Labour and Social Protection, Alfred Mutua, to issue a public advisory concerning NSSF contributions.

In the petition filed at the Milimani Constitutional and Human Rights Division on Monday, June 15, 2026, COFEK wants the NSSF and CS Mutua to inform employers, employees, and contributors about the issues related to how NSSF contributions are managed and enforced that they have raised in their petition.

Notably, the petitioner wants a court order to be issued barring NSSF from imposing penalties, sanctions, surcharges or any other measures against employers and contributors pending the hearing and determination of the application filed.

“Pending the hearing and determination of this petition, may this court be pleased to grant a conservatory order directing the 1st and 2nd respondents (NSSF and CS Mutua) to publish, within 14 days of the issuance of this order, a public advisory notifying employers, employees and contributors that the issues concerning the administration and enforcement of National Social Security Fund contribution obligations raised in this petition are presently pending determination before this court,” part of the orders sought reads.

NSSF against taking action

Additionally, COFEK is asking the court to issue another order that prevents NSSF from taking any action against employers and contributors for not following a conflicting public statement made by NSSF around June 5, 2026. 

According to the court documents, NSSF issued a public notice and statement titled “Clarification on the Status of NSSF Contributions” addressed to employers, employees and contributors throughout the Republic of Kenya concerning the applicable contribution obligations under the NSSF Act 2013. 

The petitioner argues that the court needs to intervene urgently by issuing a temporal order restraining NSSF from imposing penalties, sanctions, surcharges, enforcement measures, or other adverse compliance actions that shall be undertaken against any person solely on account of reliance upon any public statement, advisory, or directive issued in relation thereto.

“Pending the hearing and determination of this application, this court be pleased to grant a conservatory order ex parte restraining the 1st respondent (NSSF), whether by itself, its officers, agents or any person acting under its authority, from imposing penalties, sanctions, surcharges, enforcement measures or any other adverse compliance action against employers or contributors on account of any alleged non-compliance arising from the conflicting public statements,” part of the application reads.

Their move to court comes days after President William Ruto defended the NSSF deductions despite pushback.

Besides Ruto, COTU Secretary General Francis Atwoli issued an advisory asking employers to maintain the current NSSF deduction rates.