What Government Told Judges Before the Ruling on Finance Act

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Chrispen

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Tuesday, November 28, 2023 –It has emerged that the government had prevailed on the judges at the Court of Appeal to not shoot down the Housing levy in the Finance Act.

On Tuesday, Deputy President Rigathi Gachagua, in the morning hours, had asked a section of unanmed Kenyans not to interfere with government programmes.

In his statement as quoted elsewhere, DP Gachagua argued that those petitioners who had gone to court seeking the abolishment of the taxes were hellbent to see the government fail to deliver on some of its pillar projects.

“I am aware that people have gone to court to try to suspend the housing levy and sabotage the housing programme.

He remarked that, though, the State was keen on respecting the independence of the Judiciary, his request was to see important plans for the country succeed through the Finance Bill 2023.

“Much as we respect the independence of the judiciary, I want to request our judges to not sabotage that programme,” he stated.

The second in command who was speaking during the 17th Annual Planners Convention, Diani, Kwale County, said their new administration had found a dilapidated economy which now requires sacrifice to achieve long term goals that will change many lives.

Three judges – Justices David Majanja, Christine Meoli, and Lawrence Mugambi – agreed with petitioners’ prayers and ruled that the government should stop collecting the contentious housing levy from workers.

“The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary, and against the constitution,” the High Court had ruled.

Nevertheless, Government lawyers, in protest, requested 45-day stay orders to make necessary amendments to the levy through the National Assembly so as to turn it Constitutional.

The lawyers have also threatened to  move to the Court of Appeal to overturn the Tuesday verdict.