Has the Judiciary given in to intimidations from President William Ruto? This is the question many Kenyans were left asking on Thursday after the Court of Appeal allowed for the continuation of the controversial housing tax that has drawn widespread condemnation across the country.
In a decision issued on Thursday, the Court of Appeal allowed for the continuation of the tax deductions until January 26. This ruling was issued by a bench of judges who included Justice John Mativo, Lydia Achode, and Paul Gachoka.
“Upon hearing the parties, all the applications are consolidated as they arise from the same judgment of the High Court dated November 28, 2023. Civil Application No. E577/2023 is designated as the lead file. The ruling on these consolidated applications will be delivered on January 26, 2024,” the ruling read in part.
“In the meantime, the status quo obtained as of today shall be maintained until the delivery of the ruling.”
The housing fund was declared unconstitutional by the High Court in a ruling that was delivered on November 28.
Despite declaring the tax unconstitutional, the High Court allowed the government to continue with the deductions until January 10 in what was seen as a contradictory and puzzling ruling termed as stay order.
“An order of stay be is hereby issued staying the effect of this judgement issued today November 28, 2023, pending the filing of a formal application for the stay of conservatory orders in the Court of Appeal,” Judge Majanja ruled.
“This order of stay shall remain in force until January 10, 2024.”
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The extension of the deductable by the Court of Appeal come barely two days after President William Ruto vowed to stump on the judiciary over what he termed as rulings against the housing tax and the proposed NHIF deductions.
President Ruto accused the Judiciary of being bribed by unknown people to stop the publicly unpopular funds. He however produced no evidence on his claims.
