Kisumu High Court has dismissed a petition challenging the Affordable Housing Bill, giving green light for the National Assembly to proceed with bill.
The petitioner had contended that the government’s public participation efforts were insufficient, a claim that the court has vehemently rejected.
“The National Assembly cannot be criticized for its handling of public participation regarding the Affordable Housing Bill No 75 of 2023,” read the judgment.
The judgement further emphasized that the process was both effective and constitutionally compliant.
Justice Mwanaisha Sharrif, who presided over the case, asserted that the petitioner’s assumption about the nature of public participation breached the principle of ripeness.
The court further highlighted that, public hearings, consultations with stakeholders, and expert input was concluded by January 30.
Additionally, the Affordable Housing Bill had already undergone a second reading in parliament, receiving the endorsement of Members of Parliament.
“The Bill will establish a legal framework for the implementation of the Affordable Housing Levy,” Justice Sharrif stated.
She underscored that the clerk of the National Assembly had invited stakeholders and technical experts on January 12, emphasizing the thoroughness of the parliamentary process.
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Meanwhile, the High Court in Kisumu had issued conservatory orders last month, that temporarily halted public participation process for the Affordable Housing Bill 2023.
This move came after the bill had already undergone its First Reading, prompted by a prior court order that deemed the housing levy unconstitutional.
Faced with the urgency to regularize the levy, Majority Leader and Kikuyu Lawmaker, Kimani Ichung’wah, took the initiative on December 7 to table the bill.
The proposed legislation seeks to establish a legal framework to oversee the Affordable Housing Levy.
Notably, President William Ruto has been a vocal advocate for the Affordable Housing Project, several times in public rallies expressing determination to overcome legal obstacles.
Despite a High Court order declaring the housing levy unconstitutional, Ruto remains committed to pushing forward with his flagship initiative.
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National Assembly Leader of Majority, Kimani Ichung’wa further went ahead to reassure the public in a press statement that despite reports suggesting a halt in the public participation process due to the court order, Parliament will proceed with ongoing consultations on the bill.
Ichung’wa clarified that the court-issued conservatory orders from December last year only pertain to the previous public participation exercise and do not apply to the current proceedings.
“The conservatory orders issued apply in respect of the conduct of the public participation in the manner indicated in the public participation advert issued on December 9, 2023, on the submission of memoranda,” said Ichung’wa.
