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Employees, employers to continue paying controversial housing levy after court’s ruling

Reprieve for President Ruto administration as the court extends housing levy deduction for the month of January.

Employees and employers will pay the controversial housing levy for the month of January.

This follows the Court of Appeal’s directive that he status quo remains until the verdict is delivered on January 26.

After the government appealed the High Court judgment, justices of appeal Lydia Achode, John Mativo, and Mwaniki Gachoka extended the conservatory order, enabling the government to continue collecting house tax for the month of January.

“Upon hearing the parties, all the applications are consolidated as they arise from the same judgment of the High Court dated 28th November 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on 26th January 2024. In the meantime, the status quo obtaining as of today shall be maintained until the delivery of the ruling,” read court papers.

The conservatory order issued by the High court was to expire on January 10th. 

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Notably, before the delivery of the judgement, the government through Attorney General Justin Muturi, pleaded with the court to allow for the deductions to continue until the matter is determined.

The Housing Levy was declared unconstitutional by a three-judge bench made of Justices David Majanja, Christine Meoli, and Lawrence Mugambi on November 28.

The ruling comes just a day after Ruto accused some individuals in the Judiciary of sabotaging his development agenda including the housing levy and Universal Health Care Coverage.

In a show of defiance to the constitution, Ruto said the government would disobey certain court orders.

“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya…we’ll stop it and whatever it takes,” Ruto stated during a funeral in Nyandarua County. 

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