Onesmus

[Bharat Thakrar @bharatthakrar]

I built this company. I've watched its value fall 62% in four years. Today its minority shareholders vote to hold the board to account, a vote we cannot win but will not stay silent on. Here's why. #WPPScangroup, @WPP

[Stephen Mutoro @smutoro]

WHY COURT OF APPEAL DISMISSED, WITH COSTS, THE NSSF PRAYER FOR STAY
NSSF Board of Trustees v Kenya Tea Growers Association & 14 Others
Civil Application No. E656 of 2022 | Delivered 29th May 2026
Coram: W. Karanja, K. M’inoti & P. Nyamweya, JJ.A.

Background
🫆NSSF sought to stay the ELRC judgment of 19th September 2022 (Nduma, Wasilwa & Mbaru JJ.) which declared the NSSF Act No. 45 of 2013 unconstitutional, null and void
🫆The ELRC had found the Act unconstitutional principally because the Senate was not involved in its legislative passage, violating the bicameral requirement
🫆The ELRC also struck down the Act for: violating the Competition Act by creating a statutory monopoly favouring NSSF; usurping the Salaries and Remuneration Commission’s mandate under Article 230(4); barring unregistered citizens from public services under Section 19(2); and unjustifiably limiting workers’ freedom of choice to opt for superior private pension arrangements

NSSF’s Arguments for Stay
🫆The ELRC lacked jurisdiction as the petition did not arise from an active employer-employee relationship
🫆The judgment created an immediate governance vacuum as the Managing Trustee and entire Board were appointed under the now-nullified 2013 Act
🫆The judgment paralysed the Haba na Haba scheme, exposing 580,480 informal sector members and jeopardising Ksh.975,986,328.55 in accumulated pension funds
🫆Reverting to Cap. 258 would cut monthly contributions back to Ksh.200, dismantling the progressive 6% matched model that had accrued Ksh.7,282,604,569.74 in enhanced contributions
🫆Members would lose 10% compounded investment returns earned in 2021
🫆Employers demanding refunds for contributions above Ksh.200 would trigger catastrophic financial hardship and cripple the Fund’s ability to pay current retirees
🫆Section 41 burial and emigration grants would be instantly frozen

Respondents’ & Interested Parties’ Opposition
🫆Kenya Tea Growers Association: NSSF operated safely under Cap. 258 for nine years without complaint; no irreparable damage if stay denied; unconstitutional statute should not be preserved
🫆Federation of Kenya Employers (FKE): No legal vacuum exists; employers have smoothly continued remitting under Cap. 258 following earlier judicial directives; the 2013 Act was never fully implemented; granting a stay would force an unconstitutional law onto employers and employees
🫆Both urged dismissal with costs

The Court’s Legal Test Applied

🫆The twin-limb test from Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR governed the application: (1) the appeal must be arguable — raising a bona fide point worthy of consideration, not necessarily destined to succeed; and (2) the appeal would be rendered nugatory if stay is not granted

The Court’s Findings
🫆On arguability: the Court found the appeal arguable on the question of whether Senate concurrence was required, accepting this as a bona fide point worthy of consideration — first limb satisfied
🫆On nugatory: the Court found NSSF had completely failed this limb — it provided no documentary proof of its claimed financial collections, no accounts, and no evidence of how or to what extent it would be destabilised; mere repeated assertions of destabilisation without evidence are insufficient
🫆The Court further accepted that Cap. 258 automatically fills the legislative void, meaning no lacuna existed that would render a successful appeal worthless
🫆The consent order of 14th July 2014 staying core provisions of the 2013 Act already remained in force pending final determination of the appeal, further undermining the urgency and nugatory claim

Outcome
🫆Application dismissed with costs to the 1st and 2nd Respondents and 2nd Interested Party (FKE)
🫆NSSF pays costs — a pointed signal that the court found the application lacking in evidentiary merit
🫆The Court apologised for the delay in delivering the ruling, noting the application had escaped the drafting judge’s attention
IGNORE THIS👇

[indykaila News @indykaila]

Come on @talkSPORT

Agbonlahor and Cundy are harsh here https://t.co/Z6sgCZHmJf

[XabiDanger_ @Danger_Hazard10]

A moving hater will always meet his luck

[Manchester United @ManUtd]

They had us in the first half, not gonna lie

[Crystal Palace F.C. @CPFC]

European Champions.

[Nottingham Forest @NFFC]

Robbo. ❤️

[☬ My Heart Is In Rosario ☬ @Shavin_]

Hate how as a Kenyan, everyday feels like we are parenting Kipchirchir through his presidency because he's a toddler that wants to mess up everything.

It's all "Wacha!" "Usiguze hio" "Usiuze hio" "Usiibe hio" "Usikule pesa ya education" "Nisikupate na terrorists" for fucks sake!

[Justin Skycak @justinskycak]

Your self-respect grows when you repeatedly do hard things directly, not when you repeatedly explain why you might someday start.

[femiiiiii. @femiiiszn]

the AUDACITY of my body to be tired after i gave it 8 hours of sleep. like bro i gave you everything.

[alexei @alexeixbt]

a man who waits for the perfect shot will die with a full mag

[Prof. Feynman @ProfFeynman]

Life is too short to worry about little things. Have fun. Fall in love. Regret nothing, and don't let people bring you down. Study, think, create, and grow. Teach yourself and teach others.

[alexei @alexeixbt]

the audacity to believe in yourself with no physical evidence is literally the entire cheat code

[topsᴋi! @dfwtopski]

staying locked in while getting L’s is the real discipline

[dennis @AkainuBerbaric]

Toka nianze kujituma the universe has done nothing but show me there are multiple ways of being a failure

[Emily S. Bremer @emilysbremer]

The best way to find typos is to reread the draft you’ve already circulated.

[austin petersmith @awwstn]

i made a chrome extension that removes the AI slop from my linkedin feed

[Machiavelli Bot @UnmodernmanBot]

Game theory teaches you that your first mistake is often not choosing badly, but revealing too early how badly you want a particular outcome, because once your preference becomes visible, other people stop negotiating with your logic and start negotiating with your attachment, and attachment almost always pays more than it should.

[Mark Gurman @markgurman]

BREAKING: Tim Cook steps down. Ternus to CEO.

[Gaurav @sarmag77]

Someone in an adjacent team once told me that because leadership doesn't acknowledge pre-incident bugs that were fixed, some people resorted to storing these kind of information with them till the incident happened.
Once the incident happened, they would jump in, solve the incident in record time, and then get credited with solving a S1/S2 incident.
Next review cycle, they would either get promoted or get good ratings.

Not saying this is ethical or good for the team/company, but the entire perf review process needs to change if companies don't want these kinds of things to happen.