Opiyo Wandayi demands refund of January housing levy deductions for MPs

National Assembly Minority Leader Opiyo Wandayi has demanded the immediate reimbursement of January 2024 housing levy deductions for MPs and Parliamentary Service Commission (PSC) staff.

In a letter addressed to PSC Chairman and National Assembly Speaker Moses Wetangula on Thursday, Wandayi referenced the Court of Appeal's January 26 ruling that declined to suspend the High Court order declaring the housing levy as unconstitutional, arguing that the deductions are now illegal and a violation of the judgement.

"I am therefore writing to demand a commitment from the PSC that it will refund, without any delay, the January 2024 housing levy deductions for MPs and PSC staff. As it stands, such deductions are an illegality and fly in the face of the clear court ruling. It amounts to contempt of court," said Wandayi.

"The ruling effectively stopped any further deductions from employees' salaries towards the impugned Affordable Housing Programme pending hearing and determination of the main appeal. Despite the above developments, PSC still proceeded to effect the 1.5 percent housing levy deductions on MPs and PSC staff salaries for January 2024."  

The Ugunja lawmaker further urged Parliament to respect the Court of Appeal ruling, emphasizing the importance of the House in upholding the rule of law and constitutionalism.

"Honourable Chairman, the institution of Parliament of Kenya plays a key role in the functioning of our nascent democracy and must, at all times, be at the forefront in protecting the rule of law and constitutionalism. I hope your good office will strive to protect its standing in society," he said. 

During the January 26 ruling, Appellate Court judges Lydia Achode, John Mativo and Paul Gachoka cited public interest in the matter, underscoring the High Court ruling that the Housing Levy was introduced without a legal framework.

“The trial Court held that the Housing Levy was introduced without a legal framework. It also held that the levy was targeting a section of Kenyans. In our view, public interest lies in awaiting the determination of the appeal," court documents on the same read in part.

"This is because if the stay sought is granted at this stage, should the appellate Court affirm the impugned decision, then some far-reaching decisions that will have been undertaken under the impugned laws may not be reversible."