The Court of Appeal, presided over by a three-judge bench including Judges Lydia Achode, John Mativo, and Mwaniki Gachoka, will, on January 26, 2024, decide whether to suspend the housing tax temporarily.
The Appellate court will, within 24 hours, decide whether to extend or abolish conservatory orders issued by the lower court on the operationalization of the housing tax, whose deadline is January 10, 2024.
The Court of Appeal heard oral submissions from the applicants, including the Attorney General, KRA, Treasury, and Parliament, with respondents led by Busia Senator Okiya Omtata, the Law Society of Kenya (LSK), and human rights groups in Wednesday’s hearing,
The applicants pleaded with the Appellate judges to extend stay orders protecting enforcement of the tax past January 10 when it is supposed to lapse.
Respondents argued that by tabling the Affordable Housing Bill, 2023, the State inadvertently conceded that there was indeed no legal framework under which the Housing Levy operates under the Finance Act, 2023.
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