I’m happy the court finally rose to the moment and grasped the heartbeat of Kenyans right now in throwing out the housing levy.
We are an overtaxed people, barely trying to make it in a hostile environment where tax and economic policies are not stable, and keep changing every morning, at the whims of those in power.
However, as a participant in the case, I agree with sentiments being raised by many that the court over-restrained itself in rendering its decision, and, hence, did not exercise the full courage of its convictions.
We expect courts to speak boldly on matters relating to public interest.
It is disappointing the court still has to babysit the Executive by allowing it a stay of 45 days so they can think about how to cover their tracks that we have successfully unearthed.
This 45-day window allows the state to make moves that could secure the levy, among countless other taxes, which the majority of Kenyans want scrapped.
Still on the stay, we are disappointed with the court for taking this route because we had applied for an injunction against the laws before hearing and determination, but the bench declined, telling us we should just continue making our submission and perhaps, they would see something in it.
It is even more mind-boggling the advocates appearing for the state argued that the levy already collected should not be refunded even with the court’s decision yet during the arguments, they had told the court the levy should not be quashed because it would expose the government to demands for refunds.
We demand the monies collected from Kenyans — in the name of this now-declared illegal law — be refunded because it is their hard-earned cash. People in power draw their authority from the public and they must govern by established law.
If a court of law has found the legal framework on which the deductions have been based is not in the Constitution, then the right thing is to return those monies to Kenyans. I hope they will not exploit the window to find a way to circumvent this important aspect.
LSK vice president and former presidential candidate spoke to Star
