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Case challenging housing levy to be heard in September

CH Reporter by CH Reporter
August 7, 2023
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The case challenging the implementation of the Finance Act 2023 will be heard on September 13.

A three-judge bench empanelled to hear the matter set the dates during the mention of the case at the Milimani Law Courts.

Justices David Majanja, Christine Meoli and Lawrence Mugambi asked parties to block September 13 and 14 for the hearing of the case.

In the case, Senator Okiya Omtatah and 5 others have challenged the implementation of the Act saying it is illegal.

Before the bench was empanelled, Justice Thande had issued orders suspending the implementation of the Finance Act pending hearing of the case before court.

However, the Court of appeal lifted the order following an appeal filed at the court by the Attorney General saying the country was losing over half a billion shillings daily due to the suspension.

What was appealed was only the order suspending the Act so the case before the high court will proceed as the appeal is dealt with by the appellate court.

The Justice Majanja led bench also dismissed an application by Omtatah to cross-examine the speaker of the senate.

Omtatah told court that dismissing the application was prejudicial to his case adding that he wants a fair trial.

LSK who filed a case on Friday seeking to stop the housing levy deductions asked the bench to grant them conservatory orders in their matter.

This is after the court consolidated the LSK petition with that of Omtatah and the other petitioners.

LSK argues that there is currently no charging point in the housing levy arguing that to charge KRA with collecting the levy is illegal adding that there was no transparency on the issue.





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