Home East Africa Kenya’s Court of Appeal Rejects Government’s Decision to Levy Housing Tax

Kenya’s Court of Appeal Rejects Government’s Decision to Levy Housing Tax

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The Court of Appeal extended the suspension of the tax. This has allowed citizens to refrain from paying until the case concludes. Despite the government’s push to resume tax collection during this period, the court’s decision stands. The government is expected to file an appeal.

In a setback for the Kenyan government, the Court of Appeal has rejected its bid to dismiss an appeals case challenging a contentious housing taxThe High Court had previously ruled in November in favour of the government legitimizing the tax of 1.5% monthly levy. This has unfairly targeted formal sector workers, prompting a halt in payments

The Court of Appeal extended the suspension of the tax. This has allowed citizens to refrain from paying until the case concludes. Despite the government’s push to resume tax collection during this period, the court’s decision stands. The government is expected to file an appeal.

Last July, the government initiated the deduction of 1.5% from the gross salaries of both locals and foreigners to fund the construction of affordable housing for low-income earners. This has triggered opposition and widespread dissatisfaction among Kenyans burdened by President William Ruto’s introduction of various taxes.

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The government’s argument that suspending the levy would jeopardize jobs under the housing program and breach existing contracts was not accepted by the court. While the final decision is pending, the ruling brings relief to many Kenyans. This development follows last week’s approval by the appeals court of a controversial healthcare insurance levy, requiring individuals to contribute 2.75% of their monthly salaries to a social healthcare program.