It is a relief for teachers and parents as the High Court strikes down the Housing Levy proposed in the 2023 Finance Bill, dealing a big blow to the government’s agenda to build affordable houses.
The three-judge bench comprising of Justices David Majanja, Christine Meoli, and Lawrence Mugambi declared the collection of the levy exclusively from salaried employees as both discriminatory and unconstitutional.
The ruling, delivered today at the Milimani Law Courts in Nairobi, emphasized the government’s failure to provide a rational explanation for imposing the levy.
Introduced in July 2023, the Housing Levy mandated formally employed Kenyans to contribute 1.5% of their salaries towards affordable housing construction.
However, Justice David Majanja, in his decisive verdict, highlighted the violation of Article 10 of the Constitution, insisting that all laws must adhere to clear and unambiguous principles.
Moreover, he deemed the levy discriminatory as it exclusively targeted individuals in formal employment, lacking a comprehensive legal framework.
This judicial pronouncement marks a pivotal moment, underscoring the court’s commitment to upholding constitutional principles and ensuring fair treatment for all citizens.
It will be a reprieve for the teaching fraternity and parents who were doubling down to finance government projects at their expense of affording fees for their children.
By Viola Chepkemoi
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