UPDATES
Azimio MPs demand refund of January housing levy
The Minority Leadership in the National Assembly has petitioned the Parliamentary Service Commission (PSC) to “immediately” refund the Sh4.5 million deducted from the salaries of the 418 MPs as 1.5 percent housing levy for the month of January 2024.
This comes as Kenyans continue to pile pressure on President William Ruto to drop the “controversial, unpopular, punitive and unconstitutional” housing levy, citing tough economic times.
In a letter to National Assembly Speaker Moses Wetang’ula, who chairs the PSC, National Assembly Minority leader Opiyo Wandayi, says the deductions are unconstitutional as they fly in the face of the Court of Appeal ruling.
Wandayi says that despite the Court of Appeal’s order, the PSC “still proceeded to implement the 1.5 percent housing levy deductions from the salaries of MPs and parliamentary staff for the month of January 2024.”
“I am, therefore, writing to seek a commitment from the PSC that it will immediately refund the January 2024 housing levy deductions to Members and PSC staff. As it stands, these deductions are illegal and in contravention of the clear court order. It clearly amounts to contempt of court,” Wandayi said in the letter dated February 1, 2024.
The three Court of Appeal judges, Lydia Achode, John Mativo and Mwaniki Gachoka, on Friday last week refused to extend the High Court orders allowing the government to continue collecting the housing levy pending the determination of the main appeal before the court.
The High Court had ruled that the 1.5 percent housing levy was unconstitutional because it was introduced without a legal framework and was discriminatory because it targeted a section of Kenyans leaving out those in informal employment.
What irks Wandayi is the fact that although the Court of Appeal ruled that further deductions for the housing levy should be halted at least until the main appeal against the levy is heard and decided, the PSC went ahead with the deductions “in clear violation of the court’s orders”.
All eyes are now on Speaker Wetang’ula to see how he will respond to Wandayi’s letter, as he has already filed an appeal with the Supreme Court against the Court of Appeal’s decision on the housing levy.
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