The High Court has temporarily suspended its earlier judgement that declared the Housing Levy unconstitutional, allowing the Kenyan government to appeal the decision.
The court granted the stay until January 10, 2024, after the Kenya Revenue Authority, Attorney General, and Speaker of the National Assembly, Moses Wetang’ula, requested 45 days to file their appeal.
Justice David Majanja said the court had the power to grant the stay even after finding the law unconstitutional.
“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,” he said on behalf of the three-judge bench.
The Housing Levy, which is part of President William Ruto’s housing programme, was challenged by several parties for being discriminatory and creating unequal principles.
The court had ruled that the levy violated the Constitution and the Fair Administrative Action Act.
