High Court rules Affordable Housing levy constitutional

The High Court has upheld the constitutionality of the 1.5 per cent Affordable Housing levy imposed on workers, dismissing claims of double taxation and discrimination.

 In a ruling delivered by a three-judge bench comprising Justices Olga Sewe, John Chigiti and Josephine Mong'are, the court rejected a petition led by Busia Senator Okiya Omtatah, activist Eliud Matindi and Katiba Institute.

 "It is our finding that the levy is properly in place and in accordance with the constitution," said Mong'are.

 The court noted that the National Assembly holds the authority to determine how taxes are calculated, imposed and collected under Article 95 of the constitution.

 "Section 4 of the Housing Levy Act is not unconstitutional," said Mong'are.

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 The judges also ruled that public participation was adequately conducted by Parliament before the levy’s enactment.

 "We are satisfied that public participation occurred before the Affordable Housing levy was enacted," said Mong'are.

 On claims of discrimination, the court ruled the levy does not unfairly burden Kenyans as alleged by the petitioners.

 Chigiti added that the purpose of the Act is to provide a legal framework for Affordable Housing programmes, stating, "The Act aims to promote and uphold the constitutional duty of the state to provide housing."

 He further noted that Sections 3 and 4 of the Act do not infringe Article 43(1) of the constitution which guarantees the right to housing.