Employees to continue contributing towards housing levy

By Peter Ochieng

Employees and employers will have to pay for the housing levy this month, courtesy of the latest ruling from the Court of Appeal.

The Court of Appeal on Thursday ordered that the status quo remains, until the delivery of further orders on 26th January, 2023.

Court of Appeal judges Lydia Achode, John Mativo and Mwaniki Gachoka extended the conservatory orders, allowing the government to collect housing 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," ruled the judges.

"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."

They made the ruling following an appeal by the government challenging the High Court order, which termed the housing levy as an unconstitutional, null and void.

The State through its lawyer George Murugara then asked the court to stay the orders for 45 days.

"An order of stay is hereby issued staying the effect of this judgement issued today November 28, 2023, pending the filing of a formal application for the stay of conservatory orders in the Court of Appeal."

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