The Law Society of Kenya (LSK) is gearing up to take on the government through the tax collector, Kenya Revenue Authority (KRA) over the continued deduction of the housing levy, that was declared unconstitutional three months ago.
“It has come to our attention that the KRA and other government agencies have continued to deduct the levies despite the court declaring them unconstitutional,” Faith Odhiambo, LSK president-elect said on Monday.
“There is no legal basis to deduct the housing levy, this act amounts to contempt of court.”
The LSK says it is going back to the same courts to seek redress.
“The Law Society of Kenya shall immediately commence contempt of court proceeding against the KRA as well as all accounting officers who have continued to deduct the levy,” Odhiambo noted.
The lawyers are calling on the general public whose payslips continue to be raided by the taxman to help make the suit a success.
“We call upon all employees who have suffered this illegal deduction to get in touch with the law society and share their salary pay slips to facilitate the filing of the application seeking a refund of the illegally deducted dues,” the president-elect said.
LSK’s move to court comes just days after Attorney General Justin Muturi cautioned the KRA against the continued deduction, stating that there wasn’t a legal framework to support the deductions.
LSK’s legal battle with the government brews as the courts handed it a victory over the housing bill currently in the Senate.
The courts in Nairobi dismissed a petition filed by Lawernce Omule Apiyo challenging how public participation in the bill was conducted.
Omule stated in his petition that the Affordable Housing Bill 2023 was rushed, without adequate and effective public participation and consideration of the special needs of the marginalised communities and therefore there was an unlawful and unconstitutional failure to comply with the requirement of public participation and protection of the marginalised.
The High Court however in dismissing the petition stated that the public participation conducted by the National Assembly was effective and conditionality compliant.
