Lawyer Miguna Miguna has predicted doom for the Housing Levy in his advice to President William Ruto's government.
The Lawyer while reacting to a comment on the X platform regarding the ruling said the stay order will not resurrect the Housing Levy as its fate is already sealed.
According to Miguna, the Housing Levy will suffer a similar fate as the BBI at the court of appeal.
"You can’t regularize that which doesn’t exist because it’s been nullified. A stay order doesn’t resurrect the act. It’s a breathing space for the advocates representing the State to prepare and file their appeal at the Court of Appeal," Miguna stated.
"We don’t know what the Court of Appeal’s decision will be. But going by the fate of the BBI, it’s highly probable that the High Court's unanimous decision will be affirmed."
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The three-judge bench found that the Finance Act 2023 amendment to Section 84 of the Finance Act amending the Employment Act introducing the Housing Levy is illegal.
"The levy lacks a comprehensive legal framework and is irrational. The levy violates the principles of taxation & as contained in the Finance Act 2023 is discriminatory and unfair for making a distinction between the formal & informal sectors thus creating unequal and inequitable principles and it is unconstitutional," the judges ruled. The controversial Lawyer went on to ask the Ruto regime to go back to the drawing board and come up with solutions that are friendly to the people.
He went on to take a swipe at the State saying it is time it seeks advice from competent lawyers for a proper direction.
"So, my pro bono advice, which was ignored in May, is for the State to stop fighting and look for innovative people-friendly solutions. They are there if the State stops using deadwood for legal and political advice," he said.
They, however, issued a stay order on the Act allowing the Housing Levy deductions to continue until January 10, 2024.
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