DP Gachagua pleads with judges to exercise judicial discretion ‘not to sabotage’ Housing Levy » Capital News

NAIROBI, Kenya, Nov 28 – Deputy president Rigathi Gachagua has pleaded with the judiciary to exercise judicial discretion ‘not to sabotage’ the housing levy.

Gachagua who was speaking in Kwale county shortly after the high court had delivered a ruling that has suspended the housing levy observed that the housing program will have far reaching effects on ensuring that homeless Kenyans own homes.

”I am aware that people have gone to court to try and suspend the housing levy and sabotage the housing program. Much as we respect the independence of the judiciary, I want to request outer judges to exercise judicial discretion and not to sabotage that program,” he said.

According to Gachagua, the housing program which was rolled out by President William Ruto has employed thousands of youths who earn a living from it.

He added that the program is set to dignify the people of Kenya through providing them with affordable homes within urban setups.

A three-judge bench of the High Court declared the Housing Levy prescribed under the Finance Act (2023) as unconstitutional for violating key provisions.

Justices David Majanja, Christine Meoli and Lawrence Mugambi argued that by singling out the formal sector without justification, the law failed to conform to the principle of nondiscrimination.

”In view of the foregoing, we are satisfied that, applying the peel and substance test, the Finance Bill 2023 is a money bill; however, it contains matters that are extraneous to a money bill and are unconstitutional,” ruled Justice Lawrence Mugambi while giving part of the ruling.

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