It is absolutely NOT OPEN to FKE to advise employers to use NSSF rates prescribed under a law declared as UNCONSTITUTIONAL. It is not a matter of unilateral employer choice or discretion. Employers must revert to the old rates unless they secure their employees' consent, or they set aside the prevailing court order.
It bears repeating: unless & until set aside, court orders must be obeyed, else we end up in a situation of anarchy & legal confusion.
For clarity, any employer who makes unlawful deductions on an employee's payslip is LIABLE to the employee under both law & contract for the deducted sum. Only permitted coercive deductions are statutory deductions or those arising from a court order. Other deductions must be voluntary i.e. founded on employee's written consent or on a collective bargaining agreement (CBA).
The Maungu lorry park in Taita Taveta was built at a cost of over Sh320 million. It has 182-lorry capacity, 70 guest rooms, and 24 stalls. It sits on the busiest highway in East Africa, the Nairobi-Mombasa corridor, a lifeline for Kenya's entire import and export economy. It currently generates Sh8,000 a day. Sh8,000. On a Sh320 million facility. Built with public money.
The park has no reliable water supply, no electricity, no designated parking for trucks carrying dangerous goods, and no basic firefighting equipment. Meanwhile, trucks park along the highway the very problem the facility was built to solve.
This is not a management failure. It is a governance failure. Someone approved Sh320 million. Someone commissioned it. Someone handed it to private operators. And someone has been watching it rot since 2015.
Who? And will anyone answer for it?