The Speaker of the National Assembly, Moses Wetangula, has submitted an appeal to the Supreme Court challenging the recent decision by the Court of Appeal, which upheld the High Court’s temporary suspension of the Housing Levy collection.
Expressing dissatisfaction with the Appellate Court’s ruling, Wetangula is urging the Supreme Court to overturn the decision. According to the appeal notice, filed under Nairobi Court of Appeal Civil Application No. E577 of 2023, the Appellants are discontented with the Court of Appeal’s decision delivered on January 26, 2024, by Justices L. Achode, J. Mativo, and M. Gachoka (CIA). The appeal aims to contest the entirety of the ruling.
This move follows President Ruto’s announcement, made five days prior, expressing his intent to appeal court decisions that imposed injunctions on both the Housing Levy collection and the deployment of Kenyan police to Haiti.
President Ruto, during an interaction with contractors in Nandi County in January 2024, reiterated his commitment to the affordable housing project, emphasizing its significance. Despite the court order, he vowed to proceed with the project, suggesting that the court should have allowed the government sufficient time to establish laws implementing the levy.
During the January 26 ruling, the three-judge Appellate bench, comprising Justices Lydia Achode, John Mativo, and Mwaniki Gachoka, directed the government to halt the levy collection, citing public interest.
The court argued against deducting the money, as its final verdict was uncertain, and refunding could complicate matters if found unconstitutional. The judges also ordered the expedited hearing of the four consolidated appeals to promptly address the raised issues.
In response to the ruling, President Ruto questioned the court’s decision, asserting his authority to continue the housing program. He encouraged public participation, stating, “Do you want the housing program to continue? Aren’t you the ones who have a say here? Isn’t your voice the voice of God? Now I have the command to continue with this program.”
