#Supreme Court of Kenya

Thursday, 12 November

Kenya

Supreme Court sets December 4 mention in fresh housing levy appeal

Peter Okiro has asked the Supreme Court to overturn a Court of Appeal ruling that upheld the Affordable Housing Act, 2024. The 1.5 per cent levy stays in place for now, and respondents have 14 days to reply.

The housing levy is back in court. Peter Okiro has filed a petition of appeal at the Supreme Court against the Court of Appeal decision that upheld the Affordable Housing Act, 2024, Capital FM reported. The appeal reopens the debate over whether the 1.5 per cent levy is constitutional. In directions issued on Wednesday, the Supreme Court ordered Okiro to serve the petition on the respondents by close of business the same day. The respondents then have 14 days from service to file their responses. Okiro will have seven days after that to file a rejoinder, if needed. The case will come up for a virtual mention on December 4 for further directions. For workers, nothing changes yet. According to Capital FM, the directions do not decide the merits of the appeal and do not suspend the levy. Employees still pay 1.5 per cent of their gross monthly salary, and employers match it. Non-salaried earners pay 1.5 per cent of gross income, subject to the applicable statutory provisions. The appeal follows a September 25 judgment in which a five-judge Court of Appeal bench dismissed 42 consolidated appeals against the law. The judges found that the levy was a lawful use of the government's taxing powers. They also found that…

Read more 3 min read

Kenya

Koome leads Supreme Court judges in training for 2027 poll disputes

Supreme Court judges finished a two-day course on handling presidential election petitions on Tuesday. The training covered vote recounts, evidence, AI and disinformation ahead of the August 2027 General Election.

Supreme Court judges have completed a two-day training on electoral dispute resolution. The Judiciary says it is preparing for legal challenges arising from the 2027 General Election. The sessions ran on Monday and Tuesday. The Judiciary released the details in a statement on Thursday. The Judiciary Committee on Elections (JCE) organised the training with the Kenya Judiciary Academy (KJA). Judges studied the legal framework for presidential election petitions, case management and how to weigh electoral evidence. According to Capital FM, the course also covered scrutiny and recount of votes, interlocutory applications and consistency in electoral rulings. Artificial intelligence, misinformation and disinformation were also on the list, along with how courts communicate during the election period. Chief Justice Martha Koome opened the training. She said the court should build on its experience from the 2013, 2017 and 2022 elections and prepare for new challenges in 2027. Koome said judicial preparedness was essential to protecting electoral justice and the rule of law. She added that it helps maintain public confidence in the Judiciary as an independent and impartial arbiter of election…

Read more 3 min read