Wednesday, November 29, 2023 – Hustlers are in tears after the High Court told President William Ruto to retain their Housing Levy funds even after declaring it unconstitutional
A three-judge bench granted the plea by the government seeking a conservatory order for 45 days in regard to the Housing Levy that was declared unconstitutional.
In the ruling, the judges granted the government the 45-day period, noting that the conservatory orders would be in force until January 10, 2024.
“An order of stay is hereby issued today pending the filing of a formal application for conservatory orders in the court of Appeal and these orders of stay shall remain in force until January 10, 2024,” Justice David Majanja ruled.
This means that Kenyans will continue to pay the Housing Levy until January.
Following the ruling, lawyer George Murugara, who represented the government, confirmed that they would appeal the Housing Levy verdict at the Court of Appeal.
The government lawyers sought the 45-day window to regularise the Housing Levy by taking it to Parliament and subsequently passing it into law.
Through lawyer Murugara, the government explained that there would be heavy implications should the judges decline the plea.
Government lawyers also attempted to convince the judges that granting the State the 45-day window would not mean that the ruling they issued earlier, which nullified the levy, would be negated.
Petitioners, however, argued that the government should refund the money it had acquired illegally.
The High Court judges had quashed some sections of the Finance Act 2023, declaring them unconstitutional. One of the provisions in the Act includes the Housing Levy, with the judges explaining that it contravenes the Constitution.
The Kenyan DAILY POST