High Court Temporarily Halts Decision Nullifying Housing Levy

November 29, 2023

Kenyans will have to pay the Housing Levy for an additional month after the High Court temporarily suspended its prior ruling, which deemed the levy unconstitutional.

The court granted a suspension of its judgment until January 10, 2024, following pleas from the Kenya Revenue Authority, the Attorney General, and the Speaker of the National Assembly, Moses Wetang’ula. The judges were requested to provide a stay for a minimum of 45 days.

“In those 45 days, I urge you to suspend the oppression of those particular findings in the judgement and any decree that may flow therefrom pending the filing of a formal application under the Mutunga Rules and the Court of Appeal Rules,” said the respondents through lawyer George Murugara.

“The reason is that, first, we have to make the necessary adjustments to the government procedure of taxation so that no party/arm of government is sued for contempt.”

Justices Majanja, Christine Meoli, and Lawrence Mugambi concluded that they do not hold the final authority on the matters at hand.

Justice David Majanja during the ruling on Finance Act, 2023 on November 28, 2023.

“We have no doubt this court has jurisdiction to grant orders of stay pending appeal even after declaring a certain decision unconstitutional,” Justice David Majanja said.

“The respondents are also entitled to exercise the right of appeal, to the court of appeal and even the Supreme Court. We are inclined to grant the stay for a temporary period, pending the filing of the formal application at the Court of Appeal,” the Judge added.

This extension until January has been granted to allow the government’s appeal to the Court of Appeal.

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