My first executive order as president will be to repeal Housing Levy -Kalonzo Musyoka

Politics
My first executive order as president will be to repeal Housing Levy -Kalonzo Musyoka

Wiper party leader Kalonzo Musyoka has revealed that if he wins the 2027 presidential elections, his first executive order will be to repeal the Housing Levy.

In a statement posted on his X account on Tuesday January 30, 2024, Kalonzo noted that the Housing Levy was a burden to Kenyans.

“As President, my first Executive Order will be to repeal the Housing Levy, which is a Slush Fund,” Kalonzo stated.

Kalonzo is one of several other opposition politicians who have expressed interest in contesting for the presidency in the 2027 general elections. 

Wiper party leader Kalonzo Musyoka (right), with National Assembly Speaker Moses Wetangula (left) and Attorney General Justin Muturi. Photo: Kalonzo Musyoka/X
Wiper party leader Kalonzo Musyoka (right), with National Assembly Speaker Moses Wetangula (left) and Attorney General Justin Muturi. Photo: Kalonzo Musyoka/X

The Wiper leader’s declaration emerged at a time when the Court of Appeal had declared the Housing Levy as unconstitutional and directed the government to stop deducting the levy from Kenyans.

Court ruling on Housing Levy 

This was after the Court of Appeal on January 26, 2024 upheld a High Court decision that declared the Housing Levy as unconstitutional, null and void on November 28, 2023.

READ ALSO: Affordable Houses: Court of Appeal halts collection of housing levy

While delivering its ruling, a three-judge bench led by Justice David Majanja prohibited the government from collecting and or charging it from Kenyans’ salaries.

“The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary and against the constitution,” Justice Majanja said in the ruling. 

The government had asked the Court of Appeal to suspend the judgement of the High Court that found the levy illegal as it targets a section of the population.

However, a bench of three Court of Appeal Judges ruled that public interest tilts in favour of not granting the order sought by the government.

READ ALSO: Employers who fail to submit housing levy to be penalized -CS Alice Wahome

“Public interest in our view tilts favour of in not granting the stay or the suspension sought. Public interest tilts in favour of awaiting the determination of the issues raised in the intended appeals,” Justices Lydia Achode, John Mativo and Mwaniki Gachoka said. 

President Ruto on Housing Levy 

On the other hand, President William Ruto has maintained that his government will continue with the implementation of the affordable housing program despite the courts terming the housing levy unconstitutional. 

Speaking in Kiutine, Meru County on January 26, Ruto emphasized that despite the court ruling, he will proceed with the housing programs to create thousands of jobs for Kenyan youth.

READ ALSO: William Ruto is not my President, says Martha Karua

“Housing mnasema iendelee ama isiendelee? Wale wanasema housing iendelee nione kwa mikono. Si nyinyi ndio kusema Kenya hii. Kuna public participation kuliko hii yenu?  Amri yenu ndio amri ya Mungu. Kwa hivyo mimi niko na amri ya kutosha na nitasongesha (housing) mbele,” said Ruto.

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