The Court of Appeal, on Friday, ordered the government to halt Housing Levy deduction until cases filed against the programme are heard and determined.
In a rulling made by a the three-judge bench consisting of, Justices Lydia Achode, John Mativo and Mwaniki Gachoka, the court found that the Housing Levy Deductions was still Unconstitutional after the government appealed the high court decision.
“The trial Court held that the Housing Levy was introduced without a legal framework. It also held that the levy was targeting a section of Kenyans. In our view, public interest lies in awaiting the determination of the appeal.”
Also Read: UDA MP Reveals Why She Doesn’t Support Most Of Government Policies
According to the court, the window granted to the government to collect the money ended on January 26 and should cease to collect the funds with immediate effect because the policy targetes a section of Kenyans leaving out the others.
“This is because if the stay sought is granted at this stage, should the appellate Court affirm the impugned decision, then some far-reaching decisions that will have been undertaken pursuant to the impugned laws may not be reversible.”
“Public interest in our view tilts favour of in not granting the stay or the suspension sought. Public interest tilts in favour awaiting the determination of the issues raised in the intended appeals.”
The judges also ordered four consolidated appeals to be heard as soon as possible to allow issues raised in the appeals to be resolved.
Also Read: Court Revokes Nomination Of 9 UDA Politicians Days After Statehouse Meeting
This comes after the High Court declared the housing levy unconstitutional citing discrimination as the funds are being remitted by Kenyans in formal employment only which led to the appeal due to the state request to grant stay orders on the ruling until January 10.