In courts today: Directions to be issued on Housing law cases

Wheels of Justice: Court cases lined up for today.

In Summary

• One of the cases has been filed by 22 senators led by Busia's Okiya Omtatah.

• Separately, the High Court in Nairobi will today render its judgment against six people accused of killing former Juja MP George Thuo in 2013.

In courts today
In courts today
Image: The Star

The High Court is set to issue directions in a number of cases all challenging the implementation of the new affordable housing Act.

One of the cases has been filed by 22 senators led by Busia's Okiya Omtatah.

The directions are to be issued before Justice Chacha Mwita.

In the Omtatah one, the senators and seven other human rights defenders have specifically taken issue with a section of the new Act that seeks to appoint the Commissioner General of KRA as the collector of the affordable housing levy, and sections 4 and 5 of the Act, which impose the levy.

The petitioners argue that the Commissioner-General of the Kenya Revenue Authority cannot be the collector of Affordable Housing Levy as his responsibilities are strictly restricted to the affairs of the Authority.

“The Commissioner General is not the KRA. It is the Authority, not its Commissioner-General, that, under Section 5 of the KRA Act, is given the mandate to collect and account for revenues in accordance with specified laws,” reads the documents.

On March 19, President William Ruto signed into law the Affordable Housing Bill 2023, paving the way for the reinstatement of the contentious housing levy deductions.

The new legislation ropes in workers in the informal sector in order for the regulations to be in agreement with the High court ruling that rendered it unconstitutional last year.

Under this new law, Kenyans will now be deducted 1.5 percent of their gross monthly pay.

Judgement for six accused of killing former Juja MP Thuo

Separately, the High Court in Nairobi will today render its judgment against six people accused of killing former Juja MP George Thuo in 2013.

The judgement had been scheduled for Thursday but was pushed to today (Friday).

During the trial, the prosecution called 30 witnesses and adduced ten exhibits.

Thuo died on the night of November 17, 2013, after a night out at a restaurant in Thika town in what was believed to be poisoning.

Those on trial are Paul Wainaina Boiyo, Christopher Lumbasio Andika, Andrew Karanja Wainaina, Samuel Kuria Ngugi, Esther Ndinda Mulinge and Ruth Vanessa Irungu.

Boiyo is the proprietor of the said restaurant in Thika while Lumbasio was a friend of Thuo.

Ndinda is the waitress who allegedly served Thuo while Vanessa is the woman reveller who bought Thuo a beer at the club.

The six were arrested after investigations revealed that Thuo’s death, “was due to haemorrhagic gastroenteritis acute due to suspected chemical poisoning.”

The suspects denied the charge but the court found them with a case to answer in January last year after the state produced 30 witnesses who testified against them.

Justice Roselyn Korir is expected to deliver her judgment at the Milimani law court in Nairobi today.

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