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Nairobi senator Edwin Sifuna has asked Kenyans not to celebrate the recent ruling on President William Ruto’s Housing Levy.

In a statement shared via his official X account on Tuesday, Sifuna noted that Kenyans should hold celebrations until the case has undergone the entire hierarchy of courts.

“On Housing Levy, you should wait till the matter clears the entire hierarchy of Courts to celebrate. Mimi ndio nawashow (I’m the one telling you),” he said.

On Housing Levy, you should wait till the matter clears the entire hierarchy of Courts to celebrate. Mimi ndio nawashow.

— Edwin Sifuna (@edwinsifuna) November 28, 2023

Sifuna’s remarks came shortly after a three-judge bench at the High Court declared the Housing Levy unconstitutional.

In a ruling rendered on Tuesday, November 28, 2023, the judges; Justice David Majanja, Christine Meoli and Lawrence Mugambi ruled out the Housing Levy stating that it is discriminatory since it only targets those in the formal sector.

“We find hold that the enactment of Housing Levy must be supported with a rational explanation. We also find that the government failed to provide an explanation for the imposition of the levy. Further, the imposition of the levy on salaried employees and not those in informal employment is discriminatory and therefore, unconstitutional,” the judges ruled.

Additionally, the judges stated that the levy violates the principles of taxation, lacks a comprehensive legal framework and is irrational.

The court also barred the Kenya Revenue Authority (KRA) and the treasury from collecting the Housing Levies.

“The levy violates the principles of taxation and as contained in the Finance Act 2023 is discriminatory and unfair for making a distinction between formal and informal sector thus creating unequal and inequitable principles and it is unconstitutional,” the court ruled.