LSK To Appeal Court Ruling On Housing Levy
LSK To Appeal Court Ruling On Housing Levy
LSK To Appeal Court Ruling On Housing Levy
On Friday, the Law Society of Kenya (LSK) declared that it will challenge the 45-day stay that permits the government to keep collecting the Housing Levy.In a news conference, LSK President Eric Theuri said that the Society will be submitting a petition to try and prevent Ruto from using public funds.
Theuri stated, “We are deeply offended by the bizarre and extraordinary ruling that the High Court rendered, granting a 45-day stay.” “We are considering the possibility of filing an appeal to contest that decision since it establishes a very negative precedent that the Court of Appeal must consider and rule upon.”
Theuri claims that if the High Court’s ruling is upheld, it could have an impact on future rulings pertaining to the Finance Act, specifically the Housing Levy.Several organizations, including the International Commission of Jurists, the Katiba Institute, the Kenya Human Rights Commission (KHRC), and the Institute of Social Accountability, supported LSK’s action.
Conversely, the KHRC contended that the High Court erred in holding that the Finance Act’s public engagement was sufficient and significant.KHRC added that even though the Finance Act dealt with issues related to county operations, the High Court erred in preventing the Senate from debating it.
On Tuesday, November 28, a three-judge bench reversed its earlier decision that the housing levy was illegal and imposed a conservatory stay order for 45 days.The conservatory orders will remain in effect until January 10, 2024, as per the courts’ decision.
This comes after government attorneys pleaded with the judges to continue collecting the levy. The state threatened serious repercussions through attorney Murugara in the event that the judges rejected the plea.”An order of stay is hereby issued today pending the filing of a formal application for conservatory orders in the court of Appeal and these orders of stay shall remain in force until January 10, 2024,” said Justice David Majanja.
