A three-judge bench has declined to suspend the Affordable Housing Levy (AHL), saying halting it would be against the public interest.

 The three-judge bench, comprising Lady Justice Olga Sewe, Justice John Chigiti, and Lady Justice Josephine Mongare, was appointed on May 15 by Chief Justice Martha Koome to determine the case challenging the affordable housing levy.

"Having considered the public interest tilts in favor of not granting the orders...," the court noted.

Further, the court noted that applicants have not made a case to warrant the issuance of conservatory orders.

The applications were dismissed for want of merit and prioritized.

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Five petitioners, led by Dr Magare Gikenyi Benjamin, had moved to court seeking conservatory orders stopping the implementation of the Affordable Housing Act, which President William Ruto signed into law in March this year.

The other petitioners were Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi, and Jamlick Orina.

They identified themselves as Nakuru residents and opposed the law because it attempts to introduce "communist ideologies."

“The Affordable Housing Act 2024, essentially tries to introduce communist ideologies yet, there is nowhere in the Constitution which allows the government to introduce communist ideologies. Kenya is not a communist state and the constitution does not envisage it,” the petitioners submitted.

Additionally, the argued that the government had taken over the housing function from county governments and that the law introduced “a shadowy entity, the ‘collector’ which collects funds,” instead of the Kenya Revenue Authority.