Refund our monies! KOX reacts to housing levy legal blow
Kenyans have appeared to welcome the Court of Appeal’s decision not to extend the orders permitting the government to continue deducting the Housing Levy from salaried workers.
While making the ruling on January 26, 2024, a bench of consisting Justices Lydia Achode, John Mativo and Mwaniki Gachoka said: “Public interest, in our view, tilts favour 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 government had asked the Court of Appeal to suspend the judgment by the High Court that found the levy illegal as it targets a section of the population.
In a decision in 2023, 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.
Justices David Majanja, Christine Meoli, and Lawrence Mugambi further stated that the imposition of the housing levy against persons in formal employment to the exclusion of other non-formal income earners to support the national housing policy is without justification is unfair, discriminatory, and irrational.
While speaking in Meru on the day the Court of Appeal made the ruling, the President said the government would appeal the decision. He stressed that the Housing project is an important project aimed at creating jobs and providing affordable homes.
Here is what Kenyans had to say about the ruling.
A big win.
— Douglas Orang'i (@Douglasorangi) January 26, 2024
Refund our monies
— Mike shiangala (@ShiangalaMike) January 26, 2024
He might blame Azimio, Uhuru Kenyatta and all courts. Kenyans must be happy now because the clouds have gathered and no more fear from our legal systems. God bless all.
— Japeth Ekidor~Doyen (@ERUKONJnr) January 26, 2024