Thursday, November 30, 2023 – Lawyer Miguna Miguna has predicted doom for the Housing Levy in his advice to President William Ruto’s government.
While reacting to the ruling that declared the Housing Levy as unconstitutional, Miguna said the stay order will not resurrect the Housing Levy as its fate is already sealed.
According to Miguna, the Housing Levy will suffer a similar fate as Raila Odinga’s BBI at the court of appeal.
“You can’t regularize that which doesn’t exist because it’s been nullified. A stay order doesn’t resurrect the act. It’s a breathing space for the advocates representing the State to prepare and file their appeal at the Court of Appeal,” Miguna stated.
“We don’t know what the Court of Appeal’s decision will be. But going by the fate of the BBI, it’s highly probable that the High Court’s unanimous decision will be affirmed.”
A three-judge bench consisting of Justice Lawrence Mugambi, Justice Christine Meoli, and Justice David Majanja declared the Housing Levy unconstitutional for lack of legal framework
The judges found that the Finance Act 2023 amendment to Section 84 of the Finance Act amending the Employment Act introducing the Housing Levy is illegal.
At the same time, Miguna took a swipe at the State, saying it is time it sought advice from competent lawyers for a proper direction.
“So, my pro bono advice, which was ignored in May, is for the State to stop fighting and look for innovative people-friendly solutions. They are there if the State stops using deadwood for legal and political advice,” he said.
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