Housing levy

President William Ruto has suffered a major blow after the court of Appea declined to suspend orders barring the state from deducting housing levy from Kenyans on Friday

The appellate court ordered the government against collecting housing levy until cases in court are heard and determined.

Judges: Lydia Achode, John Mativo and Mwaniki Gachoka ruled that it would be against the interest of the citizens if the stay orders against the affordable housing program issued by the High court were lifted without the cases being determined.

The Attorney General and National Treasury moved to the appellate court after the High court found the deductions unconstitutional. They sought orders halting the implementation by the high court.

The housing levy was also found to have targeted a section of Kenyans, only those with pay slips, a process which the court argued was unjust.

“The trial court held that the housing levy was introduced without a legal framework. It also held that the housing levy was targeting a section of Kenyans. In our view, the public interest lies in awaiting the determination of the appeal.

“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,” the judges ruled.

Speaking Meru County on Friday, Ruto emphasized that despite the ruling, he has received enough public support to proceed with the housing programs he says will create thousands of jobs for Kenyan Youths

“I want to say for the avoidance of doubt we are already making the law that the court authorised that we go and make. They should have given us a chance to complete the law but we are going to complete the law and we are going to go forward with making sure we create opportunities for jobs for the young people of our country because that is what the people of Kenya want. That is the right thing to do and that is where the public interest is,” Ruto said.

He further blasted those who moved to court to oppose it.

“The housing program is going to give us jobs in manufacturing in cement and steel industries. It will ensure engineers, masons, and carpenters have jobs. I want to tell the people who have gone to court, many of them have jobs, they want to deny opportunities to people who have never worked. We are on a mission to ensure equity and equality for all people of Kenya,” he said.

 

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