TSC Continues Housing Levy Deduction from Teachers Paychecks Despite Court Order
over 364,000 teachers nationwide find themselves at the forefront of government opposition as they confront housing levy deductions from their salaries.
Examination of shared payslips reveals a 1.5 per cent deduction for January from teachers under the Teachers Service Commission (TSC) payroll.
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A specific pay slip dated January 24 displays a deduction of Sh1,125 for the controversial housing levy.
This occurrence unfolds amidst an ongoing legal dispute concerning the legitimacy of the housing levy, which was introduced through the Finance Act of 2023.
Notably, in November, the High Court ruled the housing levy as unconstitutional due to insufficient public participation during its inception and temporarily halted its implementation.
Despite the Court of Appeal’s refusal to grant a stay of execution on the suspension order on January 26, the TSC proceeded with the deductions, leading to widespread discontent among public workers.
Akello Misori, the Secretary-General of the Kenya Union of Post Primary Education Teachers (Kuppet), confirmed the deductions and demanded the immediate release of the deducted taxes to teachers, expressing the union’s intention to pursue contempt proceedings if refunds are not issued and further deductions cease.
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Calls For Refund
National Assembly Minority Leader Opiyo Wandayi has called for the immediate refund of January 2024 housing levy deductions for MPs and Parliamentary Service Commission (PSC) staff.
In a letter addressed to PSC Chairman and National Assembly Speaker Moses Wetangula on Thursday, Wandayi referred to the Court of Appeal’s January 26 ruling that rejected the suspension of the High Court order declaring the housing levy as unconstitutional. He argued that the deductions are now illegal and a violation of the judgment.
“I am writing to demand a commitment from the PSC that it will refund the January 2024 housing levy deductions for MPs and PSC staff without any delay. As it stands, such deductions are an illegality and fly in the face of the clear court ruling. It amounts to contempt of court,” said Wandayi.
He emphasized the importance of Parliament respecting the Court of Appeal ruling and upholding the rule of law and constitutionalism.
During the January 26 ruling, Appellate Court judges Lydia Achode, John Mativo, and Paul Gachoka cited public interest in the matter, underscoring the High Court ruling that the Housing Levy was introduced without a legal framework.
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The court documents highlighted that the trial court held the levy was targeting a specific section of Kenyans and lacked a legal framework.
The Appellate Court suggested waiting for the determination of the appeal to prevent irreversible decisions based on the impugned laws.
“Nobody Will Stop Me!,” Says Ruto
President William Ruto has reiterated that the court injunctions on the affordable housing program will not hinder the implementation of the Kenya Kwanza initiative. He instructed contractors to proceed with construction despite legal obstacles.
Ruto emphasized the constitutional mandate to address any financial challenges hindering housing initiatives, expressing confidence in the funding plan.
He reassured contractors involved in affordable housing projects, urging them to continue their work, stating that the program would persist until legal matters were resolved.
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TSC Continues Housing Levy Deduction from Teachers Paychecks Despite Court Order