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It's a temporary setback! Ahmednasir says after housing levy ruling

City lawyer urges President Ruto to go back to the drawing board

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by MAUREEN KINYANJUI

News27 January 2024 - 08:31
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In Summary


  • •On Friday, the Court of Appeal declined to suspend orders barring the state from deducting housing levy from Kenyans.
  • • The lawyer termed the ruling as a temporary setback to President William Ruto's housing agenda.
Lawyer Ahmednassir Abdulahi

Senior Counsel Ahmednasir Abdullahi waded into the Court of Appeal ruling on the housing levy on Friday.

In a statement on his X handle, the lawyer termed the ruling a temporary setback to President William Ruto's housing agenda.

"Today's ruling by the Court of Appeal quashing the Finance Bill 2023-24 is a mere temporary setback," Ahmednassir said.

The lawyer further said that the Head of State's agenda, including the housing levy, is both noble and visionary.

Ahmednasir advised the President to go back to the drawing board and come up with a solution.

"President Ruto and his team must go back to the drawing board and come with a solution. We can't shelf these great ideas for a day, leave abandoning the same altogether!" he added.

On Friday, the Court of Appeal declined to suspend orders barring the state from deducting housing levy from Kenyans.

Justices Lydia Achode, John Mativo and Gatembu Kairu in declining the state's application, said public interest lies in awaiting the determination of the appeal.

"This is because if the stay sought is granted at the stage, should we affirm the challenged decision, then some far-reaching decisions that will have been undertaken pursuant to the challenged laws may not be reversible," they said.

"Public interest in our view tilts favour of in not granting the stay or the suspension sought," they added.

They said it is in the public interest that the appeals first be heard.

This, therefore, means that housing levy remains suspended as declared by the High Court. 

The Attorney General and the National Treasury had moved to the appellate court after the High Court ruled that the deductions were unconstitutional.

They told the court that the suspension would lead to a massive budgetary crisis and confusion in the country.

They sought orders halting the implementation of the High Court judgement that rendered the housing levy unconstitutional pending the determination of their appeal.

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