Court Declares President Ruto’s Housing Levy Constitutional

A three-judge panel has upheld the constitutionality of President William Ruto’s Housing Levy.

The decision, delivered on Tuesday by Justices Olga Sewe, John Chigiti, and Josephine Mongare, addressed six consolidated petitions challenging the levy.

In their judgment, the bench ruled that the Housing Levy was lawfully enacted.

They also affirmed that it complied with constitutional requirements, including sufficient public participation in the process.

“It is clear that the National Assembly and the Senate focused on stakeholders for the public participation. It cannot be denied that the public participation took place,” the three-judge bench said.

“It is our finding that the levy is properly in place and in accordance with the Constitution.”

The bench also rejected the petitioners’ claims that the Housing Levy was discriminatory. The judges found no basis for this argument, concluding that the levy was applied fairly and did not violate any principles of equality under the law.

“It is therefore our finding that section 4 of the Affordable Housing Act is not discriminatory and does not infringe on Article 27 of the constitution,” they said.

Chief Justice Martha Koome appointed a three-judge panel to preside over several cases challenging the enforcement of the new Affordable Housing Act.

One of the key petitions was filed by 22 senators, spearheaded by Busia Senator Okiya Omtatah. The senators, along with seven human rights advocates, opposed provisions of the Act, particularly the appointment of the KRA Commissioner General as the collector of the affordable housing levy, as well as sections 4 and 5 of the Act, which impose the levy.

On March 19, President William Ruto signed the Affordable Housing Bill 2023 into law, enabling the reintroduction of the disputed housing levy deductions.