Omtatah leads 22 Senators in challenging collection of affordable housing levy by KRA boss

At least 22 Senators have moved to court to challenge the decision to have the Commissioner General of the Kenya Revenue Authority (KRA) to collect the affordable housing levy.

Led by Busia Senator Okiya Omtatah, the legislators argue that the KRA Commissioner General cannot be the collector of levy.

“The Honourable Court be pleased to issue a temporary order of prohibition prohibiting the respondents and the Government of Kenya in general, or its agencies, from continuing to implement or give effect in any way whatsoever or howsoever, to Section 2(1) of the Affordable Housing Act, 2024, to the extent that it appoints the Commissioner General of the KRA as the collector of the affordable housing levy, and sections 4 and 5 of the Act, which impose the levy,” reads court papers.

They argue that the appointment of the KRA boss as the collector of the affordable housing levy violates Article 10(2) of the Constitution, as well as the rule of law, good governance, integrity, transparency, and accountability.

The petitioners state that that money cannot be lawfully raised from the public before the Affordable Housing Fund is fully operational, adding that any collection of funds before that is tantamount to taxing Kenyans outside the law.

“In a society governed by the rule of law, such as ours, it is important to stop the violations and/or threats posed by impugned Affordable Housing Act, 2024, to the Constitution, which the petitioners have pointed herein,” added court papers.

In a supporting affidavit, Senator Omtatah argues that the rule of law and constitutionalism are threatened by rogue laws and policy papers which the government has taken regarding the provision of housing in gross violation of the Constitution.