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Tuesday, November 28, 2023 –The High Court sitting in Nairobi has thrown way the housing levy recently enacted by the President William Ruto.
Judges making the ruling in Nairobi on Tuesday accused the State of running taxes without fully consulting the stakeholders hence making it unconstitutional.
But in sharp reaction, lawyers representing the government told the a court that it was not proper to throw away the levies on any ground and urged the court to give another 45 days which the respondent will prepare a conservatory or stay orders on the matter.
“A stay or conservatory order on the decision by the jurists, in particular, on Kenya Roads board, unclaimed assets and the housing levy amendments,”said the State lawyers.
The lawyers said, part of the housing levy stopping KRA from collecting the housing levy is wrong as the section is already being implemented.
The respondents threatened to go to the Court of Appeal as soon as possible; but the petitioning lawyers accused them of extending an illegality in order to put their house in order.
The case was filed by Senator Okiya Omtatah among several other petitioners.
The Kenya Revenue Authority KRA will now be forced to refund anything they have collected from the public more so on the housing levy.
