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Relief to civil servants as court declares housing levy unconstitutional!.
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Relief to civil servants as court declares housing levy unconstitutional!.

During the ruling on petitions filed challenging the Finance Act 2023, Justice David Majanja ruled that the court has found the levy to have violated Article 10, 2 (a) of the constitution.

“We find that the introduction of the housing levy amendment to section 84 lacks a comprehensive legal framework in violation of Article 10 of the constitution, that levy against persons in formal employment without justification is discriminatory and irrational,” Majanja read in his judgement on behalf of a three-judge bench.

The other two judges included Lawrence Mugambi and Christine Meoli.

While ordering that no charges should be further collected, Justice Majanja ruled that sections 84, 72 to 78 of the Finance Act have also been termed null and void.

“An order is granted prohibiting the respondent from collecting, charging on otherwise the charge known as the affordable housing act,” he said.

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