Chief Justice Martha Koome has appointed three judges of the High Court to hear and determine a case challenging the controversial affordable housing levy.
The three-judge bench is composed of Lady Justice Olga Sewe, who will preside, alongside Justice Chigiti John Mugwimi and Lady Justice Mongare Josephine.
In the case, five petitioners led by Dr Magare Gikenyi Benjamin moved to court seeking conservatory orders stopping the implementation of the Affordable Housing Act, which was signed into law by President William Ruto in March 2024.
The law is in effect now.
The other petitioners include Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi and Jamlick Orina, who identified themselves as Nakuru residents and opposed the law on grounds that it attempts to introduce “communist ideologies.”
“The Affordable Housing Act 2024, essentially tries to introduce communist ideologies yet, there is nowhere in the Constitution which allows the government to introduce communist ideologies. Kenya is not a communist state and the constitution does not envisage it,” the petitioners argued.
They further argued that the national government had taken over the housing function from county governments and that the law introduced “a shadowy entity, the ‘collector’ which collects funds,” instead of the Kenya Revenue Authority.
The High Court, in a ruling delivered on March 21, 2024, declined to stop the implementation of the law.
Justice Chacha Mwita directed that the matter of the pleadings be served to all parties who would then be required to highlight their submissions on May 16, 2024.
The law is among new ones introduced to raise taxes for the government amid protests from Kenyans.
The court noted that the matter raises fundamental questions and requires an urgent hearing.
Lands Cabinet Secretary Alice Wahome, her Treasury counterpart Njuguna Ndung’u, Attorney-General Justin Muturi, the National Assembly and the Senate are listed as respondents in the suit.
The National Lands Commission (NLC) and 16 others are interested parties in the case.
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