Court of Appeal Judges Lydia Achode, John Mativo, and Mwaniki Gachoka are set to make a decision on January 26, 2024, regarding the potential temporary suspension of the housing levy.
Following the hearing of an appeal presented by the Attorney General, KRA, Treasury, and Parliament, the Appellate Court will announce its decision within 24 hours on whether to extend or eliminate the conservatory orders issued by the lower court regarding the operationalization of the housing tax, with a deadline of January 10, 2024.
During Wednesday’s proceedings, the Court of Appeal listened to oral submissions from the applicants, including the Attorney General, KRA, Treasury, and Parliament. The respondents, led by Busia Senator Okiya Omtata, the Law Society of Kenya (LSK), and human rights groups, were also part of the proceedings.
Applicants implored appellate judges to extend stay orders safeguarding the enforcement of the tax beyond its scheduled lapse on January 10.
Respondents contended that, by postponing the Affordable Housing Bill, 2023, the state unintentionally acknowledged the absence of a legal framework governing the Housing Levy under the Finance Act, 2023.
