The Law Society of Kenya (LSK) on Friday vowed to file an appeal against the 45-day stay period allowing the government to continue collecting the Housing Levy.
Eric Theuri, the LSK President, while addressing the press, noted that the Society would file a petition in a bid to bar Ruto from accessing taxpayers' money.
“We are extremely aggrieved by the very strange and unprecedented decision that was given by the High Court giving 45 days stay,” Theuri noted.
“We are looking at a possibility of filing an appeal to challenge that decision because it sets a very bad precedent that requires the Court of Appeal to look at and to have a say."
According to Theuri, if the High Court's decision is left unchallenged, it may affect subsequent decisions due to be made on the Finance Act and the Housing Levy in particular.
The move by LSK was backed by several institutions, including the Kenya Human Rights Commission (KHRC), the Katiba Institute, the International Commission of Jurists, and the Institute of Social Accountability.
The KHRC, on the other hand, argued that the High Court erred in ruling that public participation in the Finance Act was adequate and meaningful.
KHRC further noted the High Court made a mistake in not allowing the Senate to debate on the Finance Act despite it containing matters about the operation of counties.
On Tuesday, November 28, a three-judge bench issued a conservatory stay order for 45 days on the Housing Levy, contrasting its initial ruling that the levy was unconstitutional.
According to the judges, the conservatory orders would be in place until January 10, 2024.
This is after lawyers representing the government made a plea to the judges not to halt the collection of the levy. Through lawyer Murugara, the state warned of heavy implications should the judges decline the plea.
"An order of stay is hereby issued today pending the filing of a formal application for conservatory orders in the court of Appeal and these orders of stay shall remain in force until January 10, 2024," Justice David Majanja ruled.
