Housing Levy Nullified

mzeiya

mzeiya

Elder Lister
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A three-judge bench on Tuesday ruled that some sections of the Finance Act were unconstitutional including the Housing Levy.

The ruling was delivered by Justices David Majanja, Christine Meoli and Lawrence Mugambi.

In the ruling, President William Ruto's administration was ordered to cease collection of Housing Levy as it contravened the Constitution.

"The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary and against the constitution," Justice David Majanja ruled.
Okiya Omtatah

This was after Busia Senator Okiya Omtatah, the Law Society of Kenya and others moved to court challenging the Finance Act, saying that it was unconstitutional.

Justice Mugambi ruled that budget estimates were legally presented noting that the Finance Bill was a money bill within Article 114 of the Constitution and was legally presented.

"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," the Court ruled.

While the High Court was satisfied that the public participation process conducted by the National Assembly was sufficient it faulted the Parliamentary Committee for not giving reasons for denying proposals made by Kenyans.

Ruto's administration received a reprieve after the High Court ruled that requiring betting firms and alcohol manufacturers to submit excise duty within 24 hours was an administrative issue and as such declined to intervene.
 
wrongturn

wrongturn

Elder Lister
mzeiya said:
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A three-judge bench on Tuesday ruled that some sections of the Finance Act were unconstitutional including the Housing Levy.

The ruling was delivered by Justices David Majanja, Christine Meoli and Lawrence Mugambi.

In the ruling, President William Ruto's administration was ordered to cease collection of Housing Levy as it contravened the Constitution.

"The levy against persons in formal employment to the exclusion of other non-formal income earners without justification is discriminatory, irrational, arbitrary and against the constitution," Justice David Majanja ruled.
View attachment 90280
This was after Busia Senator Okiya Omtatah, the Law Society of Kenya and others moved to court challenging the Finance Act, saying that it was unconstitutional.

Justice Mugambi ruled that budget estimates were legally presented noting that the Finance Bill was a money bill within Article 114 of the Constitution and was legally presented.

"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," the Court ruled.

While the High Court was satisfied that the public participation process conducted by the National Assembly was sufficient it faulted the Parliamentary Committee for not giving reasons for denying proposals made by Kenyans.

Ruto's administration received a reprieve after the High Court ruled that requiring betting firms and alcohol manufacturers to submit excise duty within 24 hours was an administrative issue and as such declined to intervene.
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Hold your horses, goverment will appeal, then stay orders granted....


 
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upepo

upepo

Elder Lister
Clemens said:
Oh yeah

And then 👆👆 this happened.
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Hakuna watu huumwa wakikatwa pesa kama government workers. Hata pesa kidogo mtang'ang'ana sana. Watu wa private sector wametualia juu wanajua hata hiyo kazi ni bahati. Unapata government worker ako na gross ya 50K lakini akikatwa mia tatu ni mayowe the whole year utadhani wamekata half the salary.
Private sector wamezoea maisha yalivyo. Mnafanya na mtu level moja lakini salary yake ni double yako, lakini unatuliza juu ya shida.
 
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Mwalimu-G

Mwalimu-G

Elder Lister
upepo said:
Hakuna watu huumwa wakikatwa pesa kama government workers. Hata pesa kidogo mtang'ang'ana sana. Watu wa private sector wametualia juu wanajua hata hiyo kazi ni bahati. Unapata government worker ako na gross ya 50K lakini akikatwa mia tatu ni mayowe the whole year utadhani wamekata half the salary.
Private sector wamezoea maisha yalivyo. Mnafanya na mtu level moja lakini salary yake ni double yako, lakini unatuliza juu ya shida.
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Hapa nasikia kawivu fulani kanajitokezea kwa hii rant yako. Gava workers are not the only ones lamenting. Like almost every morning I hear the two guys who present on Inooro TV in the morning lament about the taxes yet they are not civil servants.
 
mzeiya

mzeiya

Elder Lister
Mwalimu-G said:
Hapa nasikia kawivu fulani kanajitokezea kwa hii rant yako. Gava workers are not the only ones lamenting. Like almost every morning I hear the two guys who present on Inooro TV in the morning lament about the taxes yet they are not civil servants.
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True. Housing levy imekuwa ikikata enough funds to fuel for a week and to add salt to injury, the employer matches the freaking 1.5% 😡
 
Wegrow

Wegrow

Elder Lister
mzeiya said:
True. Housing levy imekuwa ikikata enough funds to fuel for a week and to add salt to injury, the employer matches the freaking 1.5% 😡
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Kuna kitu sielewangi juu niko jua kali, hii employer kumatch one point five huwanga inakatwa kwako pis ama
 
mzeiya

mzeiya

Elder Lister
Wegrow said:
OK, so it adds on to expenses by the employer, Ala no wonder they are all gloomy nowadays its hard to hear some genuine laughter from people except weed connoisseurs
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Yep and that's why the KK guys were quick to quash any hopes of a refund since it's a huge amount of money deducted. No wonder jobs are being lost so much to the extent of surpassing the covid period.
 
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