Wiper Democratic Party Leader Kalonzo Musyoka has welcomed the Court of Appeal ruling on the housing levy.
Speaking on Friday on his X page, Kalonzo said that the ruling has boosted his faith in the Judiciary.
“The Court of Appeal judgment ruling the Housing Levy unconstitutional strengthens my faith in the rule of law. This Slash Fund has imposed a burden on already overburdened Kenyans. I expect the illegal deduction to be refunded immediately,” he said.
The Attorney General and the National Treasury moved to the appellate court after the High Court found the deductions to be unconstitutional.
They averred that the suspension would lead to a massive budgetary crisis and confusion in the country.
But in a ruling delivered on Friday, the Court of Appeal declined to suspend orders barring the state from deducting housing levy from Kenyans.
The appellate judges Lydia Achode, John Mativo and Mwaniki Gachoka said if they affirm the constitutional invalidity of the challenged laws, then some far-reaching decisions that will have been undertaken may not be reversed.
The judges in declining the state's application, said public interest lies in awaiting the determination of the appeal.
The government in persuading the court to suspend the High Court's decision said they risked being sued for breach of contracts signed in its effort to implement the affordable housing project.
But the appellate Judges said no single contract was placed in court by the state to support the claim.
"In the absence of valid evidence to support such a grave assertion, the argument that the appeals will be rendered useless if stay not granted on this ground fails," said the judges.
