Housing Levy ruling: MP Babu Owino urges Kenyans to storm State House and demand refunds

Embakasi East MP Babu Owino has criticized the stay orders granted by the High Court on the Housing Levy, barely hours after declaring it unconstitutional. 

Speaking after the ruling on Tuesday, the vocal legislator termed the decision by the three judge-bench as ‘postponing an illegality,’ further urging Kenyans to storm State House and demand a refund of their Housing Levy deductions.

According to Mr. Owino, the President William Ruto-led regime has fraudulently been deducting money from Kenyans and they have a right to get it back.

“I want to thank the Judiciary for the decision…the government was stealing from Kenyans. It was defrauding the hard-earned money that belongs to Kenyans,” he said.

“This is a type of theft called theft by pen and I want to urge Kenyans to go to State House and get their monies from State House. It does not matter where the money will be gotten from, but Kenyans should rush to State House now that the decision is still hot…we strike while the iron is still hot.”

On the stay orders, he said: "The idea of postponement of this to take effect from January, I don’t think is a right idea. In the wisdom of the Judiciary, they have seen that this thing is unconstitutional. So we can't say it is constitutional now, and it will be unconstitutional from January."

According to the MP, citizens are grappling with tough economic times and it was unlawful for the regime to overburden them with more taxes, hence they should be refunded.

“People are suffering and have really paid for the housing levy, they have been taxed and overtaxed, used and misused and Kenyans are sniffing the blood of revolution…let them go to State House and get their monies from there,” he noted.

The High Court on Tuesday quashed the levy noting that it had violated Article 10, 2 (a) of the Constitution.

"We find that the introduction of the housing levy amendment to section 84 lacks a comprehensive legal framework in violation of Article 10 of the constitution, that levy against persons in formal employment without justification is discriminatory and irrational," the three-judge bench said in a ruling read by Justice David Majanja.

"An order is granted prohibiting the respondent from collecting, charging on otherwise the charge known as the affordable housing act."

However, the court at the same time granted stay orders restraining the quashing of the affordable housing levy until January 10, 2024.