Wednesday, February 08, 2012
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Court Suspends New NHIF Rates

The proposed increments on NHIF member contributions has been suspended following a court case filed by the Central Organizatin of Trades Union (COTU).

Industrial Court judge Justice James Rika said that the 10 day suspension will allow the case to be heard on September 10th. The Industrial Court has suspended the deduction of new employees' National Hospital Insurance Fund (NHIF) contribution fees.

Employers were to start deducting the new NHIF rates from 1st September. Justice Rika issued the order after dismissing an earlier application by NHIF that sought the dismissal of the case arguing that the industrial court lacked the jurisdiction to handle such a case adding that such a case should have been filed at the High Court’s Judicial Review Division instead of the Industrial Courtas the case challenged a legal notice published on July 2, this year.

Clarifying the industrial Court’s decision, Justice Rika said "Unless the Industrial Court has refused to exercise its jurisdiction, in an ideal and functional democracy, the High Court should decline to exercise its original or judicial powers in matters that fall under the mandate of the Industrial Court," .

The judge pointed out the Industrial Court was established outside the judiciary to deal with Labour disputes without delays or legal technicalities.

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