Senator Okiya Omtatah and 21 other senators have returned to court to confront President William over the law on affordable housing tax, which they claim is illegal and contradicts the Constitution.

These senators, including Okiya Omtatah, Stewart Madzayo, Enock Wambua, Ledama ole Kina, Edward Sifuna, Okong’o Omogen, Kajwang Moses Otieno, Godfrey Osotsi, Mohamed Faki Mwinyi Haji, Johnes Mwaruma, Crystal Asige, Dan Maanzo, Agnes Kavindu Muthama, Oburu Odinga, Richard Onyonka, Beatrice A Oyomo, Catherine Muyeka Mumma, Hamida Kibwana, Hezena Lamaletian, Dr Beth Kalunda Syengo, Shakila Abdalla Mohamed, and Eddy Gicheru Oketch, are asking the High Court to use the powers granted by Article 165 of the Constitution to free Kenyans from what they termed “modern-day slavery.”

In this case, designated as urgent by Justice Enock Chacha Mwita, the senators are requesting a panel of at least five judges to evaluate the entire process of the affordable housing tax law, which they claim was rushed before being scrutinized by the Senate.

The main request is the annulment of the affordable housing tax law passed by Parliament and signed by President William on March 24, 2024.

The senators argue that this tax burdens Kenyans and the ultimate solution is for the High Court to nullify it.

After designating it as urgent, Justice Mwita ordered Mr. Omtatah and his colleagues to serve the defendants, including the Attorney General, the Senate and the National Assembly, the Ministers of Lands and Housing, the Kenya Revenue Authority (KRA), the Council of Governors (CoG), the Commissioner of Customs, and the National Land Commission (NLC), with copies of this case for them to respond to allegations of legal violations and taxing Kenyans to fund affordable housing.

Justice Mwita directed that the case be mentioned before him on April 11, 2024, for further directions to be given.

“This case raises weighty legal issues that need to be heard expeditiously, and complex legal matters resolved,” Justice Mwita said while designating the case as urgent.

In this case, the senators have criticized the law, stating that it gives the Commissioner of Taxes authority to impose taxes on citizens without legal mandate to collect taxes from the public.

They also complained that President William used this housing tax law to amend the Constitution regarding affordable housing laws.

Public Land ‘Seized’ These politicians argue that the enactment of this new law on affordable housing construction has legitimized the use of Finance Act 2024 No. 84, which had been prohibited by three High Court judges.

The senators have requested this case be presented before the Chief Justice to appoint more than three judges to hear this case.

The court is asked to invalidate this law as it ‘allows’ public land to be ‘seized’ and used to build houses that will eventually be sold to private individuals.

These politicians, along with activists Eliud Karanja Matindi, Benson Odiwuor Otieno, Blair Angima Oigoro, Victor Okuna, Florence Kanyua Lichoro, Juma John Isaac, and former MP Alfred Keter, argue that there is no board to regulate the collection and use of these funds.

They also argue that President William ordered the seizure of public land to build these houses, which will ultimately be sold to private individuals.

“Citizens will lose their land due to this housing construction. Eventually, there will be no public land,” senators and activists complain in the evidence they presented to the court.

Justice Mwita will provide directions on Thursday regarding this case, which promises to shake up and uncover the truth within the Kenyan government.