Speaker of the National Assembly Moses Wetang'ula has moved to the Supreme Court in a quest to overturn the Court of Appeal's ruling on the Housing Levy.

Wetang'ula will plead with the top court to quash the decision by a three-judge bench of the appellate court that barred the National Treasury's plan and Kenya Revenue Authority from further compelling workers to contribute 1.5 per cent of their salary towards the Housing Levy.

Wetang'ula says he intends to appeal the ruling rendered by Court of Appeal Judges Lydia Achode, John Mativo and Mwaniki Gachoka whose verdict he is dissatisfied with.

"The Speaker of the National Assembly and the National Assembly being dissatisfied with the entire ruling of the Court of Appeal judges, given at Nairobi on January 26, 2024, intend to appeal to the Supreme Court against the whole ruling," the notice to appeal reads.

Wetang'ula now wants the Supreme Court to intervene and suspend the High Court Judgement and allow the Housing Levy deductions to continue pending the hearing of his appeal at the Court of Appeal. 

The Speaker has approached the apex court after the Court of Appeal declined a plea by him, Cabinet Secretary National Treasury and Planning Njuguna Ndungu, Attorney General Justin Muturi and Kenya Revenue Authority to suspend the High Court judgement until their appeal is conclusively heard.

While dismissing the four applications seeking a stay lodged in court by the state, the judges noted that the High Court held that the Housing Levy was introduced without a legal framework.

"It also held that the levy was targeting a section of Kenyans. In our view, public interest lies in awaiting the determination of the appeal. This is because if the stay sought is granted at this stage, should the appellate court affirm the impugned decision, then some far-reaching decisions that will have been undertaken pursuant to the impugned laws may not be reversible," the appellant judges stated.