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Raila to Wetang’ula: ‘You can’t go to court without consulting MPs’

Azimio la Umoja One Kenya Coalition leader, Raila Odinga challenges Wetang’ula’s court move, emphasizing the importance of consulting MPs in legal matters.IMAGE/COURTESY.

Azimio la Umoja One Kenya coalition leader and opposition figure Raila Odinga has criticized National Assembly Speaker Moses Wetang’ula for contesting the Court of Appeal’s ruling on the housing levy without consulting Members of Parliament (MPs).

Addressing supporters at Kamukunji grounds on Sunday, February 4, Raila pointed out that Wetang’ula lacked the authority to challenge the housing levy, which was initially passed in Parliament during his tenure as Speaker.

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Raila emphasized that the Speaker should have sought input from MPs before resorting to legal action.

He further asserted that Wetang’ula’s decision to contest the ruling on the controversial housing levy rendered him unfit to hold the position of Speaker.

Raila stated, “Mr. Wetang’ula himself went to court. This law originated from parliament, went to [Deputy President] Ruto who signed it, and the court ruled that the law is invalid. Mr. Speaker, in the entire world, cannot go to court anymore. Who is he representing? Mr. Wetang’ula is not fit to be the Speaker of the Kenyan Parliament. Very foolish. If you are a speaker, once you pass a law, your job is done.”

“He was there when the bill was passed, faulty as it is. He oversaw it,” Raila added.

Regarding Wetang’ula’s action on the Housing Levy:
On January 31, Wetang’ula initiated legal action by filing an appeal with the Supreme Court concerning the contentious Housing Levy.

The Speaker lodged a notice of appeal, expressing dissatisfaction with the Court of Appeal’s ruling.

In the notice, both the National Assembly and Wetang’ula indicated their intention to appeal the decision.

The Unconstitutionality of the Housing Levy:
On January 26, the Court of Appeal declined to suspend the High Court decision that invalidated certain sections of the Finance Act, 2023, including the Housing Levy.

The judges advocated for an expedited hearing of the appeals to conclusively resolve the issues.

As a result, Kenyans are no longer obligated to contribute 1.5% of their salary towards the housing levy until the appeal is thoroughly addressed.

The judges stressed the lack of a legal basis for the levy and its discriminatory nature, highlighting the importance of awaiting the appeal’s outcome to safeguard public interest. They rejected the state’s requests for a stay, citing insufficient grounds.