The National Assembly has officially signaled its intent to appeal the recent court ruling that deemed the controversial housing levy as unconstitutional.
In a joint notice filed together with the Speaker of the House, both parties conveyed their dissatisfaction with the judgment from the Court of Appeal. They have therefore expressed their decision to challenge it before the Supreme Court.
“Take notice that the National Assembly and the Speaker of the National Assembly, the 1st and 2nd Applicants in Nairobi Court of Appeal Civil Application No. E577 of 2023 (the ‘Appellants’), being dissatisfied with the decision of the Court of Appeal (Hon. L. Achode, Hon. J. Mativo and Hon. M. Gachoka) delivered at Nairobi on 26th January, 2024, intend to appeal to the Supreme Court of Kenya against the whole of the said ruling,” the notice read.
In the ruling handed down on Friday, Appellate Court judges Lydia Achode, John Mativo, and Paul Gachoka emphasized the public interest in the matter.
They also echoed the High Court’s finding that the housing levy had been introduced without a legal framework.
“The trial court held that the housing levy was introduced without a legal framework. It also held that the levy was targeting a section of Kenyans. In our view, public interest lies in awaiting the determination of the appeal,” stated the court ruling.
