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Court allows government to continue collecting housing levy

The Court of Appeal has allowed the government to continue to collect housing levy until 26th January 2024 when it will finally rule on the matter.

The three-judge bench Lydia Achode, John Mativo and Mwaniki Gachoka ordered that status quo be maintained until a ruling is made on whether the government can continue collecting the levy pending the determination of an appeal challenging its legality.

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“Upon hearing the parties, all the applications are consolidated as they arise from the same judgement of the High Court dated 28th November, 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on 26th January, 2024.”

“In the meantime, the status quo obtaining as of today shall be maintained until the delivery of the ruling.”

The housing levy was declared unconstitutional by the High Court last year, but the orders were stayed until 10th January 2024.

The ruling is a win for the government which had persuaded the court to consider quashing the oral submissions from Applicants and respondents on the controversial housing levy.

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