Kenyans got a big win on Friday after the court of appeal declined to issue a stay of the implementation of the order that stopped the state from deducting housing levy.
This a major blow to the state who have been deducting housing levy for affordable housing.
The state had appealed the decision of the high court seeking for stay of the high court order but the appeal court dismissed the application and directed the matter to proceed to hearing.
Justices John Mativo, Lydia Achode and Gatembu Kairu ruled that that the public interest tilts favour of not granting the stay or the suspension
sought.
“Public interest tilts in favour awaiting the determination of the issues
raised in the intended appeals,” court of appeal ruled
The court said this is because should the court if appeal affirm the constitutional invalidity of the
impugned laws, then all actions that will have been undertaken under theimpugned sections of the law during the intervening period will be legally frail
High court had stopped the government from deducting the monies saying that the Act was unconstitutional.
The court further said that operation of the invalidity is suspended so as to allow parliament to cure the defect.
