The imminent High Court ruling delivered in November 2023 that essentially declared the controversial tax, that is, Housing Levy unconstitutional has been suspended.
Addressing via a statement dated today the 28th day of December 2023, the High Court has suspended the ruling that declared the aforementioned tax unconstitutional in a strategic move fostered towards allowing the Kenyan Government to make an appeal at the Court of Appeal.
The High Court has given the Kenyan Government a time span of 13 days to make an appeal, articulating that the institutionalized grace period for making the appeal will draw to a close on the 10th day of January 2024.
In the previous ruling, the three-judge bench ruled that the Housing Levy was illegal due to its discriminatory nature and creation of unequal principles, dealing a blow to President William Ruto’s housing initiative.
The justices determined that the contrast between the formal and informal sectors made by Section 84 of the Finance Act, which alters the Employment Act to include the Housing Levy, creates unfair and unequal taxing principles.
What are your thoughts on the imminent suspension of the high court ruling on the Housing Levy? Please share your thoughts, feelings and ideas with us on the comments section.