Africa-Press – Kenya. The Orange Democratic Movement has distanced itself from an appeal filed by both houses of Parliament seeking to quash the court ruling on Housing Levy.
In a statement on Wednesday, the party said it’s Parliamentary Group is not party to the appeal seeking to overturn Appellate court’s decision that the levy is unconstitutional.
The appeal was filed jointly by the National Assembly and the Senate through the Speaker of the National Assembly Moses Wetang’ula.
“It should go on record that the ODM Parliamentary Group and by extension the Azimio la Umoja One Kenya Coalition Parliamentary Group is not party to the appeal in the Supreme Court seeking to overturn the Court of Appeal’s ruling on the Housing Levy. We stand with the people of Kenya on this matter,” ODM said.
In the notice, Wetang’ula stated that they will be appealing against the whole ruling rendered by Justices Lydia Achode, John Mativo and Mwaniki Gachoka on January 26.
“The National Assembly and the speaker of the National Assembly being dissatisfied with the decision of the Court of Appeal intend to appeal to the Supreme Court against the whole ruling,” read the notice.
The appellate Judges said if they affirm the constitutional invalidity of the challenged laws, then some far-reaching decisions that would have been undertaken may not be reversed.
In the Friday ruling, judges Lydia Achode, John Mativo and Paul Gachoka cited public interest and upheld the High Court ruling that the housing levy was introduced without a legal framework.
“In our view, public interest lies in awaiting the determination of the appeal,” the judges said in the ruling delivered last Friday.
On Wednesday, the government directed developers, contractors, suppliers and workers to proceed with the Housing project, days after a court ruling suspending the deduction of the housing levy.
Lands CS Alice Wahome said the Affordable Housing Programme is a key initiative of the government and will progress as planned.
“The attention of the Ministry has been drawn to reports that there is concern among contractors participating in the Affordable Housing Programme (AHP) about the viability of the project following the court ruling on the Housing Levy,” she said.
“The Ministry urges for calmness in the sector and encourages the developers, contractors, suppliers and workers to carry on with their activities.”
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