The Court of Appeal has extended the 1.5 per cent Housing Levy deduction until a ruling is issued on January 26.
After hearing an appeal brought forth by the National Assembly and the Speaker of the National Assembly Moses Wetangula, the Appellate Court's three-judge bench ruled that employees still part with the deductions for the fund that was declared unconstitutional by the High Court.
The bench consisted of Justice Lydia Achode, John Mativo and Paul Gachoka.
"Upon hearing the parties, all the applications are consolidated as they arise from the same judgment of the High Court dated November 28, 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on January 26, 2024," read the ruling in part.
"In the meantime, the status quo obtained as of today shall be maintained until the delivery of the ruling. Made at Nairobi January 3, 2024." read the ruling in part.
Notably, before the delivery of the judgement, the government through Attorney General Justin Muturi, pleaded with the court to allow for the deductions to continue until the matter is determined.
According to the government, President William Ruto's programme was beneficial to Kenyans owing to the jobs created.
The Housing Levy was declared unconstitutional by a three-judge bench made of Justices David Majanja, Christine Meoli, and Lawrence Mugambi on November 28.
According to the three-judge bench, the levy contravened the constitution given that only employed Kenyans faced deductions.
Notably, the government through the leader of the Majority Kimani Ichung'wah tabled the Affordable Housing Bill which also proposes deductions of 1.5 per cent for Kenyans without formal employment.
However, the progress of the bill is expected to drag in court after the Vihiga High Court in December 2023, put a pause on the public participation process until the matter is heard and determined.
Kenyans were required to give their views on the Bill by December 28, 2023.
Meanwhile, Ruto accused some individuals in the Judiciary of sabotaging his development agenda indicating that the government would disobey certain court orders.
“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” Ruto stated during a funeral in Nyandarua County.
However, the President came under sharp criticism from the opposition, the Law Society of Kenya (LSK) and Chief Justice Martha Koome.
In her rejoinder, Koome asked judges to continue with their work without intimidation from anyone.
"Where a citizen obtains a court order against the State and that court order is deliberately ignored or disobeyed by State officials, the right of access to justice is undermined because it attacks the effectiveness of the legal system on which ordinary citizens rely to have their rights and legal duties enforced," she stated.
