22 senators led by Busia senator Okiya Omtatah have move to court challenging the affordable housing levy act.
They want the court to quash the act in its entirety arguing that it’s illegal.
The legislators have challenged the decision to appoint the Commissioner General of KRA as the collector of the affordable housing levy, and sections 4 and 5 of the Act, which impose the levy.
They argue that the Commissioner-General of the Kenya Revenue Authority cannot be the collector of Affordable Housing Levy as his responsibilities are strictly restricted to the affairs of KRA only.
“The Commissioner General is not the KRA. It is the Authority, not its Commissioner-General, that, under Section 5 of the KRA Act, is given the mandate to collect and account for revenues in accordance with specified laws,” reads court papers
They want an order suspending 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.
They have also requested that the court prohibit the National Land Commission, the State Department of Housing and Urban Development, and any other state organ or body from granting or using public land for the building of houses to be privatized under the Affordable Housing Act of 2024.
They have further asked the Chief Justice Martha Koome to constitute a bench to handle the matter as it raises serious legal issues to be determined by a bench.
