It is a big win to President Ruto’s government as the High Court declines to issue orders stopping the imposition of the affordable housing levy that is currently at the rate of 1.5% of gross salary as provided in the 2024 Housing Levy Act.
A three Judge bench consisting of Justice Olga Sewe, John Chigiti and Josephine Mong’are considered arguments advanced by the state that it would be difficult to reverse the effects if the orders were granted because contracts have already been signed and infrastructure projects initiated.
“We have no doubt that the affordable housing levy is a matter that has generated a lot of public interest. We are also convinced that the public interest tilts in favour of not granting the order but in prioritizing these petitions for hearing and determination,” they said.
In declining to halt the Housing levy Act, the Judges said the court should be slow in doing so especially in matters involving constitutionality of statutes.
“The petitioners have failed to demonstrate either that the challenged provisions pose a danger to life or threaten the bill of rights to warrant issuance of orders sought,” they said.
