A three-judge bench has declined to suspend the Affordable Housing Levy, stating that halting the levy would go against public interest.
The bench, composed of Lady Justice Olga Sewe, Justice John Chigiti, and Lady Justice Josephine Mongare, was appointed by Chief Justice Martha Koome on May 15 to adjudicate the case challenging the Affordable Housing Act.
“Having considered the public interest tilts in favour of not granting the orders,” the court noted in its ruling.
The judges determined that the applicants had not made a sufficient case to warrant the issuance of conservatory orders, leading to the dismissal of the application for lack of merit and prioritization.
The case was brought forward by five petitioners led by Dr. Magare Gikenyi Benjamin, who, along with Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi, and Jamlick Orina, identified themselves as residents of Nakuru.
They sought to stop the implementation of the Affordable Housing Act, which was signed into law by President William Ruto in March 2024. The petitioners argued that the Act attempted to introduce “communist ideologies” into the Kenyan legal framework.
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