Chief Justice Martha Koome has defended the Judiciary of Kenya while denying any agreement with the Executive over the new housing levy law.
According to the CJ, the Judiciary was not party to any agreement for the implementation of the Affordable Housing Act, which President William Ruto signed into law on March 19, 2024.
Koome was speaking in Naivasha on Thursday, March 21, 2024. Her remarks came following Ruto’s earlier speech while in Bomet County, where he said that the Executive agreed with the Koome-led arm of government on the program.
On her part, the CJ said the Judiciary’s mandate was to execute its legal duty in regard to the housing levy issue.
“Judiciary is not, in any capacity, able to enter into any agreement with the Executive, especially in a matter that is before court.
The Judiciary was not a party in that cause, and I tried to look at the clip where the President was quoted to have said he entered into an agreement with the Judiciary,” she said.
While defending the Judiciary, Koome highlighted that her arm of government was an independent party in an earlier court case which had seen implementation of the levy suspended.
She further claimed that the remarks by Ruto may have been misinterpreted or taken out of context.
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“Because what the President was saying is that he agreed with the judgement of the court that gave directions on what needed to be done to create a framework on how to administer the housing levy, and what he was telling Kenyans is that the Executive has complied with the directions given in the judgement,” she added.
Affordable Housing Act
Her remarks came after the Head of State received a major boost after the High Court of Kenya declined to stop the implementation of the Affordable Housing Act.
In a March 20, 2024-night ruling, Justice Chacha Mwita directed that the matter of the pleadings be served to all parties immediately.
Justice Mwita further noted that the matter required an urgent hearing as it raised fundamental questions.
“That the respondents and interested parties file responses to the application and petition within 7 days after service,” read part of the directive.
According to the directive, the parties will highlight their submission on May 16, 2024.
Following the decline to stop the implementation of the Act, President Ruto’s government will now forge ahead with his flagship Affordable Housing program.
Also Read: Ruto Dragged to Court Again Over Housing Levy; Here is Why
Justice Mwita gave the directive after five petitioners filed a petition on March 20, 2024, seeking conservatory orders stopping the implementation of the controversial law.
Koome rejects bill
Meanwhile, the Chief Justice has also rejected a Bill that sought to have the Environment and Lands Court Employment and Labour Relations Court merged.
Koome noted that the matter had already been overtaken by time while adding that the Judiciary’s concerns have been brought to the attention of Parliament by raising objections to the Bill.
She however applauded the Employment and Labour Relations Courts (ELRC) for reducing case backlog in the last one year, with over 3,400 cases having been resolved by these courts during the period.
On the other hand, the adjournment rate has reduced from three to two per cent.
