Demos in support of the housing levy

By Peter Ochieng

Hundreds of protesters took the streets of Nairobi on Thursday, in support of the controversial housing levy being implemented by the Kenya Kwanza administration.

Carrying placards with different messages, the demonstrators drawn from various sectors among them Juakali voiced their support for the levy, which was declared unconstitutional by the High Court a month ago.

"Housing levy is the cure for better housing. We support the housing levy," read one of the placards.

However, some Kenyans online accused the government of sponsoring the pro-housing levy demos.

On 28th November, High Court judges David Majanja, Lawrence Mugambi and Christine Meoli declared the 1.5 percent housing levy unconstitutional, but granted stay orders restraining quashing of the affordable housing levy until January 10, 2024.

The stay orders followed a request by the respondents in the case, led by lawyer George Murugara, for 45 days to comply with the court ruling.

“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."

“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."

The judges had ruled that the levy goes against section 10 of the constitution.

"We find that the introduction of the housing levy amendment to section 84 lacks a comprehensive legal framework in violation of Article 10 of the constitution, that levy against persons in formal employment without justification is discriminatory and irrational," Justice Majanja read the judgement.

However, president William Ruto said his administration would do everything necessary to ensure the levy contained in the Finance Act, 2023 is aligned to the constitution.