Gachagua reacts after court declares Housing Levy unconstitutional

Deputy President Rigathi Gachagua during a past event. [File, Standard]

Deputy President Rigathi Gachagua has pleaded with the courts not to sabotage the government's plan for the housing program.

This is after the High Court in Nairobi declared the Housing Levy contained in the Finance Act 2023 as unconstitutional.

Gachagua was speaking during the 17th Annual Planners Convention in Diani, Kwale County.

"People have gone to court to try and sabotage the housing levy in the housing program. Much as we respect the independence of the judiciary, I want to request our judges to exercise judicial discretion and not sabotage that program," said Gachagua.

He added; "We have thousands of young people today who are now engaged in the housing program. That program will dignify the people of Kenya. It is the desire of every Kenya living in an urban centre to own a home one day. Nobody wants to continue paying rent."

In its ruling on Tuesday, High Court Judges David Majanja, Christine Meoli and Lawrence Mugambi found the levy was unconstitutional and vague adding that there was no law allowing the Kenya Revenue Authority (KRA) to collect it.

Additionally, the court found that the levy was discriminatory since it targeted only employed Kenyans and the government did not demonstrate why it excluded other categories of income earners.

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