High Court Issues Final Ruling on Finance Act 2023, Finds Housing levy Unconstitutional
News just in is that High Court Issues Final Ruling on Finance Act 2023. Justices David Majanja, Christine Meoli, and Lawrence Mugambi have ordered the government to immediately cease collection of Housing Levy, terming it as unconstitutional.
Justice Majanja stated,”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.”
However, State attorneys have asked the High Court for an order to barr Kenyans from demanding Housing Levy refunds.
Further, Justice Mugambi ruled that budget estimates by the government were legally presented. He highlighted that the Finance Bill was a money bill in line with Article 114 of the Constitution.
He ruled,”In view of the foregoing, we are satisfied that, applying the peel and substance test, the Finance Bill 2023 is a money bill; however, it contains matters that are extraneous to a money bill and are unconstitutional.”
Notably, The court faulted the Parliamentary Committee for failing to incorporated some of the proposals that were suggested by Kenyans in as much as a public participation process was done.
On matters involvement of the senate, The judges ruled that National Assembly Speaker Moses Wetang’ula did not have to seek concurrence from Senate speaker Amason Kingi on the Finance Act, 2023.
One of the petitioners, Busia senator Okiyah Omtatah has wrote a celebratory message saying,”The High Court Bench has declared the Housing Levy unconstitutional for violating key provisions including singling out Formal Sector.”