The high court issued a Housing Levy rulling directing the government to cease from collecting the Housing Levy fund terming it as unconstitutional.
Through their lawyers, the government now wants the court to give directives to stop any kenyan from demanding for refunds on already collected money. This is in order to prevent chaos and confusion in the demands.
This came after the court said that the Finance Act and specifically the Housing Levy fund is unconstitutional and should not be collected by the government.
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Busia Senator Okiya Omtatah, the Law Society of Kenya (LSK) had moved to court challenging the implementation of the Finance Act introduced by the government. Justice Majanja in a statement said:
“The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary, and against the constitution.”
However, the Deputy President has asked the court to stop sabotaging the Kenya Kwanza’s programmes saying they are for the better of each and every Kenyan
“I am aware that people have gone to court to try to suspend the housing levy and sabotage the housing program. Much as we respect the independence of the judiciary, I want to request our judges to not sabotage that programme.”
Its however unclear whether the government will appeal the rulling but according to Gachagua’s comments, they might think of appealing.
However, Edwin Sifuna has warned against early celebration as a similar scrip has been seen before. This is where court nullifys a government directive, government appeals and the decision is overturned in favor of government.
“On Housing Levy Rulling, you should wait till the matter clears the entire hierarchy of Courts to celebrate. Mimi ndio nawashow.” posted Sifuna in his X Platform.