22 senators lead fresh onslaught on Ruto’s housing levy as Omtatah files fresh suit
A petition led by Busia Senator Okiya Omtatah and seven other human rights activists has been filed in court, aiming to annul the recently enacted Affordable Housing law, which they deem unconstitutional and illegal.
The group appeared before High Court Judge Justice Enock Chacha Mwita to present their case.
They specifically challenge sections of the law that appoint the Commissioner General of the Kenya Revenue Authority (KRA) as the collector of the affordable housing levy, along with sections 4 and 5, which impose the levy.
The petitioners argue that assigning the Commissioner General of the KRA as the levy collector exceeds his designated responsibilities.
They argue that it is the authority, not its Commissioner General, mandated to collect and account for revenue in accordance with specified laws, as per Section 5 of the KRA Act.
The senators who have filed the petition are Okiya Omtatah, Stewart Madzayo, Enoch Kiio Wambua, Ledama ole Kina, Edwin Sifuna, Okong’o Omogeni, Moses Kajwang Otieno, Godfrey Osotsi, Mohamed Faki Mwinyihaji, Johnes Mwaruma, Crystal Asige, Dan Maanzo, Agnes Kavindu Muthama, Dr Oburu Odinga, Richard Onyonka, Beatrice Oyomo, Catherine Muyeka Mumma, Hamida Kibwana, Hezena Lamaletian, Dr Beth Kalunda Syengo, Shakila Abdalla Mohamed, and Eddy Gicheru Oketch.
Others are Senators Eliud Matindi, Benson Odiwour, Victor Okuna, Florence Kanyua, Juma Isaac and former Nandi Hills MP Alfred Keter.
President William Ruto signed the Affordable Housing Bill 2023 into law on March 19, 2024, reintroducing the controversial housing levy deductions, now including workers in the informal sector.
Under the new legislation, Kenyans will have 1.5 per cent of their gross monthly salary deducted.
However, the petitioners seek to set aside the levy imposition at this rate. They also seek suspension of Section 2(1) of the Affordable Housing Act, 2024, and Sections 4 and 5 imposing the levy.
Furthermore, they request an order restraining the National Assembly and 11 other respondents from further implementing Section 60 of the Act retroactively.
The petitioners also demand the matter be referred to Chief Justice Martha Kooke, citing substantial legal questions.
They urge the court to restrain various state organs from approving or using public land for housing construction under the Affordable Housing Act 2024, emphasizing that funds cannot be lawfully raised until the Affordable Housing Fund is fully operational.
Senator Omtatah, in an affidavit, asserts that funds collection must await the board’s operationalization to avoid potential theft. Justice Mwita directed immediate service of writs to respondents and scheduled further directions for April 10, 2024.
The petitioners argue that enforcing the law before operationalizing the Affordable Housing Fund violates national governance principles, fair administrative action rights, and public finance principles.
They also question the adequacy of public participation before enacting the Affordable Housing Bill 2023.
The petitioners affirm their duty, alongside the High Court, to safeguard Kenyans’ rights, fundamental freedoms, and national governance principles from further violations if the controversial law proceeds.
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22 senators lead fresh onslaught on Ruto’s housing levy as Omtatah files fresh suit
