Kenyans' Voice Is God's Voice- Ruto To Push With Housing Programme Despite Court Ruling

Ruto vowed to listen to the voices of Kenyans begging him to continue with the programme, likening them to voices of God.

Kenyans' Voice Is God's Voice- Ruto To Push With Housing Programme Despite Court Ruling
President William Ruto speaking with traders and the people of Malaba and Ang’urai Towns, Busia County on January 21, 2024. /PCS

President William Ruto on Friday, January 26 committed to push forward with the Affordable Housing Programme despite the latest ruling by the Court of Appeal which upheld the High Court's ruling declaring the Housing Levy unconstitutional.

Speaking in Meru County, Ruto vowed to listen to the voices of Kenyans begging him to continue with the programme, likening them to voices of God.

While it remains unclear if the Head of State was immediately informed of the Appellate's Court regarding the Housing Levy, Ruto maintained that the Housing Programme was a lifesaver as it created job opportunities for Kenyans.

"I have heard what the people in the opposition are saying and they are opposed to the housing programme. I asked them what is the alternative and they said Maandamano.

President William Ruto interacting with a construction worker at the Kibra Affordable Housing project on November 22, 2023. /PCS

"Do you want the housing programme to continue? Aren't you the ones who have a say here? Isn't your voice the voice of God? Now I have the command to continue with this programme," he stated.

His remarks left many Kenyans wondering about his next course of action, as the case remains undecided.

Furthermore, he steered clear of taking the Judiciary head-on following his bold accusations at the arm of government for graft and sabotaging his pet projects.

The President notably met the Chief Justice and the head of the Judiciary, Martha Koome and National Assembly speaker Moses Wetangula on Monday to end the Executive-Judiciary row that sparked nationwide attention.

Following the recent ruling, the Housing Levy remains suspended as declared by the High Court, whose ruling was upheld by the three-judge bench of Justices Lydia Achode, John Mativo and Mwaniki Gachoka on Friday, January 26.

The appellate Judges stated that if they affirm the constitutional invalidity of the challenged laws, then some far-reaching decisions that will have been undertaken may not be reversed.

"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.

"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 pursuant to the impugned laws may not be reversible. Public interest in our view tilts favour of in not granting the stay or the suspension sought. Public interest tilts in favour awaiting the determination of the issues raised in the intended appeals," the ruling sent to newsrooms read in part.

What Next?

The ruling upholds one from the High Court which declared the Housing Levy unconstitutional. It also brings to an end the deduction of the charges after the window granted to the government to collect the money expired on Friday.

The judges had also argued that it would be unfair to deduct the money as it could not predict how its final verdict. If found unconstitutional, the process of refunding the amount of money would complicate the case. 

This ruling represents a major victory for Kenyan workers and a setback for the government's plans to fund affordable housing initiatives. While this ruling represents a pivotal point with the current decision, the outcome of the Housing Levy saga is yet to be determined.

Earlier in January, the Appellate Court allowed the government to continue deducting 1.5 per cent from Kenyans' salaries in the form of the Housing Levy until its verdict on January 26.

It is worth it to note that the Affordable Housing Bill is still subject to public participation. The government through the leader of the Majority Kimani Ichung'wah tabled the Affordable Housing Bill which also proposes deductions of 1.5 per cent for Kenyans without formal employment.

An illustration of the Affordable Housing Programme by Boma Yangu Initiative under the National Housing Corporation. /BOMA YANGU KENYA