NAIROBI, Kenya, Sep 25 – The over-20 aggrieved petitioners have told a three judge bench to declare the housing levy 2023 Act unconstitutional.
The petitioners, who includes Busia Senator Okiya Omtatah, Moses Otinyira, Dr Magare Gikenyi and over 20 others told justice Olga Sewe (presiding) Justice Josphine Mongare and justice John Chigiti that the housing levy was passed as an Act of Parliament without the two houses that is Parliament and the senate following the right procedure as provided for under the constitution.
Senator Omtatah, in his submissions, told the bench that there was no public participation by the 2 Houses as provided for under the constitution.
He said that Parliament visited only 27 counties out of 47, and the senate did not visit any county.
He said the commissioner of Revenue Authority was not consulted by the 2 houses, saying the commissioner has confirmed the same through an affidavit filed in court.
“It is a mandatory requirement under the law that any tax collection must be done under the Authority of the Commissioner of Revenue Authority,” Omtatah submitted.
The bench was further told that the formation of the new housing levy creates a big financial burden to people in the informal and formal sector in paying parallel taxes, which should be paid to national housing cooperation.
The judges were told that the senate colluded with the council of governors in donating public land, which are allegedly being used in building the said affordable houses.
The action by the Senate usurped the powers of the commissioner of lands who had the powers to manage public land.
The petitioners told the court that the superior court has since declared the Finance Act 2023 unconstitutional.
They urged the court to follow the same framework in declaring the housing levy Act 2023 unconstitutional.
The hearing continues tomorrow.
