Opiyo Wandayi, the minority leader of the National Assembly, has demanded that MPs and PSC employees receive immediate compensation for housing charge deductions made in January 2024.

Wandayi cited the Court of Appeal's January 26 decision, which declined to suspend the High Court order declaring the housing levy unconstitutional, in a letter to PSC Chairman and Speaker of the National Assembly Moses Wetangula on Thursday. Wandayi argued that the deductions are now unlawful and in violation of the judgment.


"I am therefore writing to demand a commitment from the PSC that it will refund, without any delay, the January 2024 housing levy deductions for MPs and PSC staff. As it stands, such deductions are an illegality and fly in the face of the clear court ruling. It amounts to contempt of court," said Wandayi.

"The ruling effectively stopped any further deductions from employees' salaries towards the impugned Affordable Housing Programme pending hearing and determination of the main appeal. Despite the above developments, PSC still proceeded to effect the 1.5 percent housing levy deductions on MPs and PSC staff salaries for January 2024." 

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The Ugunja MP emphasized the House's significance in sustaining constitutionalism and the rule of law in her subsequent plea to Parliament to honor the Court of Appeal's decision.


"Honourable Chairman, the institution of Parliament of Kenya plays a key role in the functioning of our nascent democracy and must, at all times, be at the forefront in protecting the rule of law and constitutionalism. I hope your good office will strive to protect its standing in society," he said. 

Judges Lydia Achode, John Mativo, and Paul Gachoka of the Appellate Court highlighted the public interest in the case during their verdict on January 26, highlighting the High Court's finding that the Housing Levy was implemented without a legal foundation.

"The trial Court held that the Housing Levy was introduced without a legal framework. It also held that the levy was targeting a section of Kenyans. In our view, public interest lies in awaiting the determination of the appeal," court documents on the same read in part.


"This is because if the stay sought is granted at this stage, should the appellate Court affirm the impugned decision, then some far-reaching decisions that will have been undertaken under the impugned laws may not be reversible."