NAIROBI, Kenya Jun 30 – The Court of Appeal has set aside a May 29, 2026 ruling on the NSSF Act, 2013 dispute, admitting it determined an application that was no longer active.In a statement, the appellate court said the ruling contained “an error apparent on the face of the record” because it addressed a spent stay application instead of a pending joinder request. “The ruling of 29th May 2026 was founded on an error apparent on the face of the record, as it determined an application that was no longer live,” the court said.The dispute dates back to the NSSF Act, 2013, which replaced the old Sh200 monthly flat contribution with a salary-based tier system. The Employment and Labour Relations Court declared the Act unconstitutional in September 2022. NSSF appealed and, on October 14, 2022, sought a stay of execution pending appeal. But the Court of Appeal said events overtook that request. The main appeal was determined on February 3, 2023, and the matter later moved to the Supreme Court. In February 2024, the Supreme Court sent parts of it back to the Court of Appeal. Meanwhile, the Kenya Export Floriculture, Horticulture and Allied Workers Union filed an application on September 23, 2024 to be joined as an interested party. It was heard on January 23, 2025 and reserved for ruling. On May 29, 2026, the court mistakenly delivered a ruling on the old October 2022 stay application, declining to suspend the ELRC judgment.It should have ruled on the union’s joinder application instead. “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.After counsel flagged the mistake, the Attorney General filed an application on June 10, 2026 seeking to recall the ruling.Judges said the error was “obvious and self-evident” and that appellate courts have inherent power to correct procedural mistakes that affect fairness. They also cited public confidence.“Public confidence in the administration of justice was at stake, since parties had not been heard on the application that was erroneously decided,” the court said. “The ruling was amenable to being set aside in the interests of justice.”The court unanimously voided the May 29 ruling and ordered no costs, noting the error came from the court itself.The court will now rule on July 3, 2026 on the union’s application to join the proceedings.Once that is decided, the remitted appeal will proceed to a substantive hearing as directed by the Supreme Court. The flawed May ruling had triggered conflicting guidance from the Law Society of Kenya, the Federation of Kenya Employers, and COTU Kenya on compliance. The Court of Appeal says this statement now clarifies its position.