The national assembly and its speaker Moses Wetangula have moved to the supreme court to challenge the decision of the court of appeal declining to lift orders stopping salaried Kenyans from paying the contentious housing levy.
In the notice of appeal, the Appellants filed they were dissatisfied with the decision of the court of appeal arguing that it has put the lives of many Kenyans depending on the housing project to earn a livelihood at risk.
Wetangula and the national assembly majority leader Kimani Ichungwah want the court to issue a relief on the ruling and let Kenyans keep paying the levy until the case is heard and determined.
In its ruling Justices Lydia Achode, John Mativo and Gatembu Kairu cited public interest in declining the state’s application.\
The constitutional petition was filed by Busia Senator Okiya Omtatah and a Kenyan libing in the USA Eliud Matindi among other petitioners.
They convinced the bench that indeed the Finance Act 2023 was Unconstitutional. It will now be incumbent upon the Chief Justice Martha Koome to appoint a bench of 7 Judges to hear the appeal.