Kenyans can breathe a sigh of relief as the Court of Appeal has upheld the suspension of orders, preventing the government from deducting the controversial housing levy from citizens. 

This ruling, stemming from the earlier High Court decision, marks a significant victory for the citizens and a significant setback for the government.

The housing levy therefore remains suspended, and the Court of Appeal has emphasized the importance of addressing the constitutional concerns raised by the High Court before allowing any deductions.

The appellate Judges highlighted the potential consequences of allowing the government to proceed with the deductions, stating, "If we affirm the constitutional invalidity of the challenged laws, then some far-reaching decisions that will have been undertaken may not be reversed. It is in the public interest that the appeals first be heard."

The Attorney General and the National Treasury had sought to overturn the High Court's decision, arguing that the suspension would lead to a severe budgetary crisis and widespread confusion in the country.

Read More

  1. Court upholds constitutionality of Ruto's Housing Levy in landmark ruling
  2. Tuju pains as court clears way for auction of Karen property over Sh4.5 billion debt
  3. Court overturns John Waluke’s 67-year jail Term in Sh313 million maize scandal

However, Justices Lydia Achode, John Mativo, and Gatembu Kairu rejected the government's application, emphasizing the public interest in awaiting the determination of the appeal.

"In our view, public interest tilts in favour of not granting the stay or the suspension sought," stated the Judges.

They expressed concerns about the potential irreversible consequences if the stay was granted prematurely.

The government had raised the spectre of breaching contracts signed in pursuit of the affordable housing project if the housing levy deductions were not allowed to proceed.

However, the appellate judges dismissed this argument, noting that no concrete evidence or contracts were presented to support such a claim.

"In the absence of valid evidence to support such a grave assertion, the argument that the appeals will be rendered useless if the stay is not granted on this ground fails," declared the Judges.

Despite the government's warnings of potential shutdowns of government departments and job losses, the Court of Appeal prioritized the constitutional concerns and public interest, ultimately upholding the suspension of the housing levy.

This decision marks a significant moment in the ongoing legal battle, with Kenyans celebrating the protection of their constitutional rights against what the courts deemed as unconstitutional deductions.