A three-judge bench has declined to suspend the affordable housing levy, saying that granting the orders will be against public interest.

"Having considered the public interest tilts in favour of not granting the orders...,"court noted.

The court noted that applicants have not made a case to warrant the issuance of conservatory orders.

The application were dismissed for want of merit and prioritized.

On May 15, Chief Justice Martha Koome appointed the three-judge bench composed of Lady Justice Olga Sewe, Justice John Chigiti and Lady Justice Josephine Mongare to determine the case challenging the affordable housing levy.

Five petitioners led by Dr Magare Gikenyi Benjamin had moved to court seeking conservatory orders stopping the implementation of the Affordable Housing Act which was signed into law by President William Ruto in March this year.

The other petitioners were; Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi and Jamlick Orina, who identified themselves as Nakuru residents and opposed the law on grounds that it attempts to introduce "communist ideologies."

“The Affordable Housing Act 2024, essentially tries to introduce communist ideologies yet, there is nowhere in the Constitution which allows the government to introduce communist ideologies. Kenya is not a communist state and the constitution does not envisage it,” the petitioners submitted.

They further argued that the national government had taken over the housing function from county governments and that the law introduced “a shadowy entity, the ‘collector’ which collects funds,” instead of the Kenya Revenue Authority.