AG Muturi suffers blow as court backs housing levy cases

 

Parties opposed to the new housing levy on Friday won the first round against the government after the court dismissed the Attorney General’s application to have 10 cases struck out.

High Court Judge Chacha Mwita ruled that the cases filed by among others 22 Senators had legitimate constitutional issues that needed to be heard and settled.

The Attorney General had argued that the Constitutional Division of the High Court had no powers to hear the cases as they revolved land use, housing and levies.

He argued that the right forum ought to be the Environment and Lands Court (ELC).

However, Justice Chacha Mwita said that there was a contest on the process of coming up with the new housing levy.

He sent the files to Chief Justice Martha Koome to impanel a new bench to hear and determine the cases.

Those in court over the new housing levy are Senators Okiya Omtatah, Stewart Madzayo, Enoch Kiio Wambua, Ledama Ole Kina, Edwin Sifuna, Okong’o Omogeni, Moses Kajwang Otieno, Godfrey Osotsi and Mohamed Faki Mwinyihaji.

Others are Johnes Mwaruma, Crystal Asige, Dan Maanzo, Agnes Kavindu Muthama, Dr. Oburu Odinga, Richard Onyonka, Beatrice A. Oyomo, Catherine Muyeka Mumma, Hamida Kibwana, Hezena Lamaletian, Dr. Beth Kalunda Syengo, Shakila Abdalla Mohamed, and Eddy Gicheru Oketch.

Others in the Senator’s onslaught were Eliud Matindi, Benson Odiwour, Victor Okuna, Florence Kanyua, Juma Isaac and former Nandi Hills MP Alfred Keter.

At the same time, Trade Union Congress of Kenya (TUC-KE) has a separate case against the AG, National Assembly, Treasury and Kenya Revenue Authority (KRA).

In the meantime, Kenya Human Rights Commission (KHRC) and Katiba Institute also filed a separate case challenging the levy.

The two lobby groups argued that Parliament failed to involve key players who were required to voice their support or dissent on the President William Ruto’s pet project.

According to them, the National Lands Commission (NLC) and National Housing Corporation (NHC) were not a party to the new law.

Their lawyers Dudley Ochiel, Malidzo Nyawa and Bosire Bonyi urged High Court Judge Chacha Mwita to issue orders barring Kenya Revenue Authority (KRA) from demanding the amount until the case is heard and determined.

“To avert a continued enforcement of an unconstitutional law, the petitioner seeks for conservatory orders pending hearing and determination of this application as well as the entire petition,” they argued.

Adding that, “This will save the members of the public from the agony they face arising from deduction of their salary. This matter is brought in the interest of the members of the public.”

In addition, ­­­Robert Gathogo and Ernest Muriu filed a separate case over the same issue.

Their grievance was that there was no correlation between the number of affordable houses being constructed and the amount being collected.

According to them, the government has to-date remained silent on the number of houses it intends to build and how much is meant to be collected for the same.

The cases now involving housing levy are 10, with majority issues being government’s failure to consider the majority voices against the levy, failure to give notices to those affected by demolitions and KRA’s powers.

The cases will be mentioned on May 14, 2024.