Sharp Daily
No Result
View All Result
Thursday, March 19, 2026
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
Sharp Daily
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team
No Result
View All Result
Sharp Daily
No Result
View All Result
Home News

Kenya’s affordable housing act levy continues after court ruling

Teresiah Ngio by Teresiah Ngio
July 12, 2024
in News
Reading Time: 2 mins read

The High Court of Kenya has ruled to continue the collection of the Affordable Housing Act levy, following a decision to decline the temporary suspension of certain sections of the Act. This decision was based on the public interest in maintaining the law until ongoing petitions are resolved.

A three-judge bench, comprising Justices Olga Sewe, John Chigiti, and Josephine Mong’are, emphasized the presumption of constitutionality for laws enacted by Parliament. They noted that unless there is clear evidence of rights violations, the court cannot halt their implementation.

Chief Justice Martha Koome consolidated six petitions challenging various aspects of the Affordable Housing Act of 2023. The petitioners, led by Dr. Magare Gikenyi, argued that the absence of a governing board to oversee the fund and the uncertainty surrounding the levy’s collection exposed the funds to potential theft and misuse. They cited Article 10(2) of the Constitution, which emphasizes national values, good governance, integrity, transparency, and accountability.

The petitioners also pointed out that the mandate of the Kenya Revenue Authority’s Commissioner General is limited to overseeing the authority’s affairs, not collecting the housing levy. Furthermore, they highlighted that the 1.5% housing levy lacked a detailed operational plan required by law before the collection of public funds.

RELATEDPOSTS

Restructure housing levy to solve Kenya’s housing crisis

May 23, 2025

KRA orders employers to start deducting housing levy

March 21, 2024

In defense, the government maintained the presumption of constitutionality for all Acts of Parliament. Parliament supported this by arguing that the Affordable Housing Act provides a legal framework for the levy. They emphasized that levies are common in Kenya, citing the Road Maintenance Levy and the Petroleum Levy as examples.

The judges concluded that the petitioners failed to demonstrate that the contested provisions posed significant risks to life or limb or sufficiently violated the Bill of Rights to warrant the requested injunctions. They expressed doubt that denying the injunctions would undermine the effectiveness of the petitions.

“It is our finding, therefore, that the petitioners have failed to show that the impugned provisions pose a danger to life or limb or that they threaten the Bill of Rights to warrant the orders sought. We are not persuaded that the petition will be rendered nugatory if the orders sought are not granted,” the judges stated.

Previous Post

Kenya’s shortest-serving cabinet secretaries speak out after surprise dismissal

Next Post

Governor Wamatangi accuses Tatu City of misleading claims in land dispute

Teresiah Ngio

Teresiah Ngio

Related Posts

News

Kenya proposes Sh500 million capital requirement for crypto firms

March 19, 2026
News

Court orders CMA boss to pay Cytonn Sh10.5 million over damaging remarks

March 19, 2026
News

Securitization and the Illusion of Debt Reduction: Rethinking Public Debt in Kenya

March 19, 2026
Equity Group Managing Director And CEO Dr. James Mwangi
Analysis

Equity group posts kSh 72BN profit

March 19, 2026
News

Banks deliver steady returns

March 19, 2026
Analysis

Unilever stock slides as investors question food division spin-off strategy

March 19, 2026

LATEST STORIES

Kenya proposes Sh500 million capital requirement for crypto firms

March 19, 2026

Court orders CMA boss to pay Cytonn Sh10.5 million over damaging remarks

March 19, 2026

Securitization and the Illusion of Debt Reduction: Rethinking Public Debt in Kenya

March 19, 2026
Equity Group Managing Director And CEO Dr. James Mwangi

Equity group posts kSh 72BN profit

March 19, 2026

Banks deliver steady returns

March 19, 2026

Unilever stock slides as investors question food division spin-off strategy

March 19, 2026

Safaricom rolls out tap-to-pay m-pesa in Tanzania

March 19, 2026

CMA ordered to pay cytonn kSh 10.5 million in landmark court ruling

March 19, 2026
  • About Us
  • Meet The Team
  • Careers
  • Privacy Policy
  • Terms and Conditions
Email us: editor@thesharpdaily.com

Sharp Daily © 2024

No Result
View All Result
  • Home
  • News
    • Politics
  • Business
    • Banking
  • Investments
  • Technology
  • Startups
  • Real Estate
  • Features
  • Appointments
  • About Us
    • Meet The Team

Sharp Daily © 2024