The High Court of Kenya has ruled that the controversial housing levy under the Affordable Housing Act 2024 was constitutionally and legally constituted.
While giving their judgement, the three bench judge, consisting of Justice Olga Sewe, John Chigiti and Josephine Mong’are on Tuesday October 22, 2024, said that there was adequate public participation in the implementation of the Act.
The three judges also said that the petitioners did not provide substantial evidence to grant the dangers of the Act on Kenyans.
“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,” read part of the judgement.
The bench also agreed that the Affordable Housing Levy as provided for in the Affordable Housing Act 2024 is not discriminatory as alleged by the petitioners.
The case that was filed by seven Kenyans including Busia Senator and activist Okiyah Omtata were all quashed in its entirety.
The Act was signed into law on 19th Match 2023 by President William Ruto and petitions stopping housing levy deductions from citizens’ income had proven futile.
In July 14, the Court declined to issue orders stopping the imposition of the affordable housing levy.
This law deducts Kenyans 1.5 per cent of their gross monthly pay.
