The Court of Appeal on Friday, January 26, declined to extend an order allowing the government to continue collecting the housing levy.
Appellate Court judges Lydia Achode, John Mativo and Paul Gachoka cited public interest in the matter, underscoring the High Court ruling that the Housing Levy was introduced without a legal framework.
It said that public interest tilts in favour of not granting the order sought by the government.
“Public interest in our view tilts favour of in not granting the stay or the suspension sought. Public interest tilts in favour of awaiting the determination of the issues raised in the intended appeals,” the bench said.
However, speaking in Kiutine, Meru County, President William Ruto vowed that his housing programme will continue as planned.
He said that the programme had received enough public endorsement to proceed adding that a bench of three cannot deny the citizens what is rightfully theirs.
Ruto said the programme will see thousands of jobless youth get employment opportunities.
“Housing mnasema iendelee ama isiendelee? Wale wanasema iendelee nione kwa mikono. Si nyinyi ndio kusema Kenya hii. Kuna public participation kuliko hii yenu? Amri yenu ndio amri ya Mungu. Kwa hivyo mimi niko tayari na nitasongesha (housing levy) mbele,” the president said.
The High Court had last year declared the housing levy unconstitutional after it found that the levy only targeted a section of the population.
The three judges of the High Court ruled that the introduction of the Housing Levy through amendment of the Employment Act by Section 84 of the Finance Act, 2023 lacks a comprehensive legal framework in violation of Articles 10, 201, 206 and 210 of the Constitution.
“… the Court hearing the appeal affirm the constitutional invalidity of the impugned laws, then all actions that will have been undertaken under the impugned sections of the law during the intervening period will be legally frail,” said the judges.
