The High Court in Kisumu has granted Parliament the green light to proceed with the Affordable Housing Bill 2023, dismissing a petition challenging the public participation process on the draft law. Initially, on February 19, 2023, the court issued interim conservatory orders restraining public participation on the bill, citing Constitutional Petition No. E013 of 2023.
The court’s recent ruling emphasized that the petition was premature, assuming that the National Assembly would only conduct public participation by inviting memoranda. It asserted that the public participation conducted by the National Assembly was effective and constitutional, leading to the dismissal of the petition challenging the legislative process.
Additionally, the High Court declined to recall the notice published by the National Assembly on December 9, 2023, inviting the public and stakeholders to submit memoranda on the Affordable Housing Bill. The court, emphasizing the importance of effective public participation, stated that it contributes to prioritized people-centered development and legitimizes government actions.
The judgment stated, “This court agrees with the respondents in their position that the petition herein violates the principle of ripeness because the petitioner assumed that the 3rd respondent intended to conduct public participation through one mode, namely the submission of memoranda when he filed this petition.”
The Grassroots Trust, in its petition, had called for adequate public awareness, especially targeting marginalized groups. It argued that these groups might not be aware of the housing bill’s contents before making submissions. Despite this, Majority Leader Kimani Ichung’wah maintained that the sessions would proceed, clarifying that the court order only prohibited the tabling of a memorandum.
He reiterated that the High Court had ruled that the affordable housing framework required a comprehensive legislative framework, leading to the introduction of the bill. The Affordable Housing Bill, which aims to enshrine in law the 1.5 percent housing levy on salaried and income-earning Kenyans, faced controversy during its passage in the National Assembly on February 21, marked by a mass walkout by opposition MPs. The bill is currently awaiting constitutional assent in the Senate, considering its implications on counties.
