Affordable Housing Act Implementation Prevails as Court Rejects Halt
The High Court has rejected the request to halt the enforcement of the Affordable Housing Act, which President William Ruto signed into law on Tuesday.
Justice Chacha Mwita instead ordered that the documents related to the pleadings be promptly delivered to all involved parties.
The court also acknowledged that the issue raises essential inquiries and necessitates immediate attention.
“That the respondents and interested parties do file responses to the application and petition within 7 days after service,” the court directed.
The parties will highlight their submission on the 16th of May this year.
This enables President William Ruto’s administration to proceed with executing his primary Affordable Housing initiative.
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In the legal matter, five individuals filed a petition in court on Wednesday, requesting temporary orders to halt the enforcement of the contentious law.
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”.
“The Affordable Housing Act 2024, essentially tries to introduce communist ideologies yet, there is nowhere in the constitution which allows the government to introduce communist ideologies. Kenya is not a communist state and the constitution does not envisage it,” the petitioners submitted.
They further argued that the national government has now taken over the housing function from county governments and that the new law has introduced “a shadowy entity, the ‘collector’ which collects funds,” instead of the Kenya Revenue Authority.
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.
Affordable Housing Act Implementation Prevails as Court Rejects Halt