Deputy President Rigathi Gachagua lashed out at High Court Judges on Tuesday after they declared the Housing Levy unconstitutional.
Gachagua claimed during the 17th Annual Planners Convention in Diani, Kwale County, that the petitioners who filed the case were attempting to sabotage President William Ruto’s Housing Agenda.
“I am aware that people have gone to court to try to suspend the housing levy and sabotage the housing program. Much as we respect the independence of the judiciary, I want to request our judges to not sabotage that program,” he stated.
He argued that thousands of young people today have already been engaged in the housing programme and doing away with the levy would render them jobless.
“That programme will dignify the people of Kenya. It is the desire of every Kenyan who lives in an urban centre to own a home one day,” he said.
The court said the levy was unconstitutional and vague and that there was no law allowing the Kenya Revenue Authority to collect it.
The court also found that the levy was discriminatory since it targeted only employed Kenyans and the government did not demonstrate why it excluded other categories of income earners.
“The Levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary, and against the constitution,” the High Court ruled.
The verdict was delivered by a three-judge bench comprising David Majanja, Christine Meoli and Lawrence Mugambi on Tuesday who heard various petitions challenging the Finance Act 2023.
