By Eddah Waithaka
The Law Society of Kenya (LSK) is set to take the Kenya Revenue Authority (KRA) to court for the illegal deduction of the housing levy.
In a statement, the organisation’s president, Faith Odhiambo, slammed the taxman for what she described as the exclusion of workers in the informal sector.
“There is no legal basis to deduct the Housing Levy and this action amounts to contempt of court and arbitrary imposition of tax,” she stated.
“The Law Society of Kenya shall immediately commence contempt of court proceedings against the Commissioner General of the Kenya Revenue Authority and all accountants and employers who have unlawfully deducted the housing levy”.
The lawyers’ umbrella group threatened to sue KRA Commissioner-General Humphrey Wattanga and all KRA accountants for defying court orders to stop deductions from the housing levy.
For his part, outgoing president Eric Theuri called on all workers whose salaries had been deducted to share their pay slips in order to facilitate the application for reimbursement of the deductions.
LSK’s statement comes a week after a letter from Attorney General Justin Muturi warning KRA against the deduction of the controversial housing levy.
A three-judge panel ruled last year that the levy was discriminatory and directly violated Article 10 of Kenya’s constitution.
However, this week the Senate will consider the Affordable Housing Bill passed by the National Assembly, which provides for both salaried and non-salaried workers to contribute 1.5 per cent of their income to the Affordable Housing Fund.
LSK President Erick Theuri has therefore asked civil servants to send their pay slips to the society via its official email, which will be used as evidence in court.
The umbrella organisation also criticizes the government for turning a deaf ear to complaints by the Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) about delays in posting medical interns and paying fees for postgraduate students.
Commenting on the injuries sustained by KMPDU General Secretary Dr Davji Atellah when he was hit by a tear gas canister during their peaceful demonstrations, LSK said the police should apologise and refrain from using excessive force against peaceful protesters
“LSK will join in solidarity with KMPDU in talking all necessary action to ensure justice is served for Dr Davji. We demand that the Inspector General of police and IPOA take immediate steps to hold the rogue individuals who committed this heinous attack personally liable.”
Also Read:https://switchmedianews.wordpress.com/2024/03/01/african-leaders-join-forces-for-climate-action-on-africa-environment-day/
