The High court on Thursday declined to stop the implementation of the Affordable Housing Act which was signed into law by President William Ruto on Tuesday.

Justice Chacha Mwita directed the six petitioners who filed the case to serve all the parties immediately  who will respond within 7 days after service.

“The  matter raises fundamental questions and require urgent hearing…The parties will highlight their submission on 16th of May this year,” he said.

In the case Five Petitioners moved to Court yesterday seeking Conservatory Orders stopping the Implementation of the Affordable Housing Act.

The petitioners; Benjamin Magare, a Nakuru-based doctor, together with Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi and Jamlick Orina who identify themselves as Nakuru residents oppose the law on grounds that it attempts to introduce “communist ideologies”.

It is their case that the levy has been established with a faulty legal framework and structures for implementation, making its application a matter for the executive’s discretion.

“This  therefore, makes it susceptible to abuse in violation of the principles of public finance,” they argue in court documents.

The petitioners also claim that the fund has been established without any basis in law, essentially making it a private fund that is being funded by public resources.

They also faulted the Parliament for failing to uphold the Constitution as required by the law and failing to over-sight and protect Kenyans against excessive and illegal taxation.

“The action of the respondents would lead to a loss of public confidence and outright abuse of political power to the detriment of many Kenyans,” they argued.

Lands Cabinet Secretary Alice Wahome, her Treasury counterpart Njuguna Ndung’u, Attorney-General Justin Muturi, the National Assembly and the Senate are listed as respondents in the suit.