High Court Dismisses Case On Affordable Housing Bill
High Court Dismisses Case On Affordable Housing Bill
On Monday, March 4, the High Court in Kisumu dismissed a petition that contested the passage of the Affordable Housing Bill. As a result, the Bill may be debated further in the National Assembly and Senate while Kenya Kwanza legislators work to have the Act signed into law.
In his petition, Lawrence Omule Apiyo named the Attorney General, the Cabinet Secretary for Lands, and the National Assembly as respondents, claiming that there had not been enough public input on the Housing Bill.
“The third respondent (National Assembly) cannot be faulted for the manner in which it has conducted public participation in respect of the Affordable Housing Bill No 75 of 2023,” the ruling reads in part.
“This court finds that public participation conducted by the third respondent was effective and constitutionally compliant.”
The Court was told that National Assembly Majority Leader Kimani Ichung’wah tabled the Bill in Parliament on December 4, 2023, before it underwent its first reading on December 7, 2023.
The public was then given the opportunity to submit their feedback on the Bill in person at Parliament Buildings in Nairobi on December 9, 2023, or electronically at the specified email address by December 28, 2023.
According to court filings, the case was filed because “the petitioner was aggrieved by the mode of submission of the memorandum and the timelines as provided.”
The National Assembly defended its position by claiming that it performed public participation by raising public awareness and interacting with the public through meetings and feedback systems after releasing the previously indicated call for comments. Based on prior notification, the petitioner filed his lawsuit, claiming that the public participation period was too short.
It was observed that the petitioner was presenting his case at the Town Social Hall in Narok County concurrently with public hearings being held by the National Assembly.
“This court concurs with the respondents on their position that the petition breached the principle of ripeness as the petitioner presumed that the third respondent intended to conduct public participation through one mode, that is through submission of memoranda when he filed this petition,” the Supreme Court said.
The Affordable Housing Bill was passed by the National Assembly on February 2 and then sent to the Senate.