A three-judge panel declared on Tuesday 22nd October that the controversial Housing Levy is constitutional. The ruling by Justices Olga Sewe, John Chigiti and Josephine Mong’are affirmed that the levy was properly enacted. The judges stated that the Housing Levy complies with the Constitution and noted that public participation was sufficiently carried out.
“The National Assembly and the Senate engaged stakeholders effectively for public participation. It is undeniable that this process occurred,” the panel remarked. “We conclude that the levy is valid and aligns with constitutional standards.”
The judges also rejected claims from petitioners who argued that the Housing Levy is discriminatory. “We find that Section 4 of the Affordable Housing Act is not discriminatory and does not violate Article 27 of the Constitution,” they stated.
Chief Justice Martha Koome appointed this three-judge bench to address several cases challenging the implementation of the new Affordable Housing Act, under which Kenyans contribute 1.5 percent of their gross monthly income.
The ruling is a major reprieve for the government which has pushed the affordable housing agenda as one of the solutions to the housing and employment challenges facing the country.
