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Tuesday, November 28, 2023 –Busia senator Okiya Omtatah has broken his silence minutes after the High Court delivered its ruling on the Finance Act 2023 that it termed unlawful.
Making his comment on X Platform formerly Twitter today Tuesday November 28, Omtatah said, finally, the case had been settled.
“The High Court Bench has declared the housing Levy unconstitutional for violating key provisions including Singling out Formal Sector,” he wrote.
But Senator Edwin Sifuna who is also a professional lawyer came in to urge the country not to celebrate the ruling saying only when the matter is done at every court level can their supporters celebrate.
“On Housing Levy, you should wait till the matter clears the entire hierarchy of Courts to celebrate. Mimi ndio nawashow,” he remarked.
After the ruling made by justice David Majanja and two other colleagues, Government lawyers led by Lawyer George Murugara asked the Court for an order to prevent Kenyans from asking back for their Housing Fund – refund.
The ruling, however, saw Lawyer Ahmednasir Abdullahi poke holes into the manner and standards of the legal team which represented the State in the matter.
“For any government to navigate the treacherous plateaus and savanna of the 2010 constitution you need a group of competent lawyers that are paid the Wall Street shoe firms rates (2000 US $ an hour). Kibaki and Uhuru learn their lessons.
“H.E Ruto is painfully learning that lessons. Good lawyers are very expensive in Nairobi. When it comes to public law litigation, Courts in Kenya are one of the best in the world,” he added.
Deputy Governor Kakamega County Ayub Savula jumped with speed to urge the Kenya Revenue Authority KRA to refund any monies collected from the public in form of the housing levy.
He also took on COTU boss Francis Atwoli to come out and ensure that workers who had lost their money in the unconstitutional levy be refunded, immediately.
“We expect Atwoli and his brigade in trade unions to demand refund of illegally deducted housing levies from workers. COTU and Atwoli as its leader should be making noise by now demanding refund of money deducted from its members unconstitutionally,” Savula stated.
Lawyer George Murugara has, however, asked the court for a stay or a conservatory order for 45 days in regard to the housing levy that has been declared unconstitutional, today.
