The Court of Appeal Judges Lydia Achode, John Mativo, and Mwaniki Gachoka are slated to make a pivotal decision on January 26, 2024, regarding the potential suspension of the housing tax.
This decision follows the Appellate court’s handling of an appeal filed by several entities, including the Attorney General, KRA, Treasury, and Parliament.
Within the next 24 hours, the court will determine whether to prolong or nullify the conservatory orders previously issued by a lower court concerning the implementation of the housing tax, the deadline for which is January 10, 2024.
During the hearing held on Wednesday, the Court of Appeal received verbal arguments from the applicants, which comprised the Attorney General, KRA, Treasury, and Parliament. On the other side, respondents, spearheaded by Busia Senator Okiya Omtata, the Law Society of Kenya (LSK), and human rights groups, presented their case.
The applicants urged the Appellate judges to extend the stay orders safeguarding against the enforcement of the tax beyond its scheduled lapse on January 10.
In response, the respondents contended that by introducing the Affordable Housing Bill, 2023, the State inadvertently acknowledged the absence of a legal framework under which the Housing Levy operates within the Finance Act, 2023.
