Housing Levy: National Assembly Moves Battle to the Supreme Court

The National Assembly has filed a notice of appeal at the Supreme Court over the housing levy.

Last week, the Court of Appeal declared the levy imposed on salaried Kenyans, unconstitutional.

The appellate court dismissed the State’s applications seeking a stay of execution for the judgment that found the Housing Levy to be unconstitutional.

The judges; Lydia Achode, John Mativo and Mwaniki Gachoka, said that if they affirm the constitutional invalidity of the challenged laws, then some far-reaching decisions that will have been undertaken may not be reversed.

Read: Win for Salaried Kenyans as Court of Appeal Declares Housing Levy Unconstitutional

Additionally, it terminated the deduction of charges following the government’s window of opportunity to collect the funds, which closed on January 26.

The judges contended that it would be unfair to deduct the monies because they could not foretell how the case would turn out.

Refunding the money, the court observed, would complicate the case if it was determined to be unconstitutional.

It was also found that the Housing Levy only applied to salaried Kenyans—a procedure the court believed was unjust.

“The trial Court held that the Housing Levy was introduced without a legal framework. It also held that the levy was targeting a section of Kenyans. In our view, public interest lies in awaiting the determination of the appeal,” the bench ruled.

“This is because if the stay sought is granted at this stage, should the appellate Court affirm the impugned decision, then some far-reaching decisions that will have been undertaken pursuant to the impugned laws may not be reversible. Public interest in our view tilts favour of in not granting the stay or the suspension sought. Public interest tilts in favour awaiting the determination of the issues raised in the intended appeals.”