Reprieve for Ruto as Court Extends Housing Levy Deduction
Reprieve for Ruto as Court Extends Housing Levy Deduction
The 1.5% Housing Levy deduction has been prolonged by the Court of Appeal until a decision is rendered on January 26.
The Appellate Court’s three-judge bench decided that employees must continue to contribute to the fund that the High Court deemed illegal, following the adjudication of an appeal filed by the National Assembly and its Speaker, Moses Wetangula.
The bench consisted of Justice Lydia Achode, John Mativo and Paul Gachoka.
“Upon hearing the parties, all the applications are consolidated as they arise from the same judgment of the High Court dated November 28, 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on January 26, 2024,” read the ruling in part.
“In the meantime, the status quo obtained as of today shall be maintained until the delivery of the ruling. Made at Nairobi January 3, 2024.” read the ruling in part.
Notably, before the delivery of the judgement, the government through Attorney General Justin Muturi, pleaded with the court to allow for the deductions to continue until the matter is determined.
The government claims that because jobs were produced, President William Ruto’s initiative benefited Kenyans. On November 28, a three-judge panel consisting of Justices David Majanja, Christine Meoli, and Lawrence Mugambi ruled that the Housing Levy was unconstitutional.
The three-judge court claimed that because only employed Kenyans were subject to deductions, the fee was unconstitutional.
Notably, the Affordable Housing Bill, introduced by the government through Majority Leader Kimani Ichung’wah, also suggests 1.5% deductions for Kenyans who do not hold official jobs.
However, it is anticipated that the bill’s progress will be prolonged in court when the Vihiga High Court halted public involvement in December 2023 in order to hear the case and make a decision.
Kenyans had until December 28, 2023, to provide their opinions on the Bill. Meanwhile, Ruto declared that the government would defy certain court orders, accusing certain members of the judiciary of undermining his development plan.
During a burial in Nyandarua County, Ruto said, “Our judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya…we’ll stop it and whatever it takes.”
Nonetheless, Chief Justice Martha Koome, the Law Society of Kenya (LSK), and the opposition all criticized the President harshly.
In her response, Koome urged judges to carry out their duties without fear of coercion. “Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced,” she said.
