NAIROBI, Kenya, Nov 28 – Nairobi senator Edwin Sifuna has cautioned Kenyans against early celebrations in the wake of the High Court ruling that declared the Housing Levy unconstitutional.
In a post shared on his official X app account, Sifuna called on Kenyans to tone down their expectations until the case is fully exhausted through the court process.
”On Housing Levy, you should wait till the matter clears the entire hierarchy of Courts to celebrate. Mimi duo nawashow. (I am the one telling you),”he posted.
Sifuna in a coded message seemingly citing appeals by the government that could see the orders suspending the levy lifted.
A three-judge bench of the High Court declared the Housing Levy prescribed under the Finance Act (2023) as unconstitutional for violating key provisions.
Justices David Majanja, Christine Meoli and Lawrence Mugambi argued that by singling out the formal sector without justification, the law failed to conform to the principle of nondiscrimination.
”In view of the foregoing, we are satisfied that, applying the peel and substance test, the Finance Bill 2023 is a money bill; however, it contains matters that are extraneous to a money bill and are unconstitutional,” ruled Justice Lawrence Mugambi while giving part of the ruling.
