File image of Babu Owino.
Embakasi East Member of Parliament Babu Owino has criticized the stay orders granted by the High Court on the Housing Levy.
Speaking on Tuesday, Babu termed the decision by the three judge-bench as postponing an illegality.
He urged Kenyans to match to State House and demand a refund of the House Levy deductions.
“This is a type of theft called theft by pen and I want to urge Kenyans to go to State House and get their monies from State House. It does not matter where the money will be gotten from, but Kenyans should rush to State House now that the decision is still hot…we strike while the iron is still hot,” said Babu.
The High Court on Tuesday ruled the Housing Levy unconstitutional, null and void.
“We find that the introduction of the housing levy amendment to section 84 lacks a comprehensive legal framework in violation of Article 10 of the constitution, that levy against persons in formal employment without justification is discriminatory and irrational,” the three-judge bench said.
The court however granted the government a stay order restraining the quashing of the affordable housing levy until January 10, 2024.
“An order of stay is hereby issued today pending the filing of a formal application for conservatory orders in the court of Appeal and these orders of stay shall remain in force until January 10, 2024,” Justice David Majanja ruled.
This means that Kenyans will continue to pay the Housing Levy until January.
The government lawyers had requested the 45-day window to regularize the Housing Levy by taking it to Parliament and subsequently passing it into law.
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