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A three-judge bench on Thursday, July 11, declined to suspend the Housing Levy pending the hearing and determination of a case filed by Magare Gikenyi.
The petitioner had filed the case in March 2024, challenging the Affordable Housing Act, 2024, terming it as discriminatory towards corporates.
Justices John Chigiti, Olga Sewe, and Josephine Mong’are, while disagreeing with the petitioner’s prayers directed the case be heard and determined on a priority basis.
Gikenyi had argued before the court that the Act in section 48(2) outlawed corporations from owning a house despite the entities paying tax and contributing to the Kenyan economy.
The petitioner termed the move as discriminatory and against the spirit of the Constitution and other laws.