High Court Dismisses Petition Challenging Housing Bill
On Monday, March 4, the High Court in Kisumu dismissed a petition that contested the advancement of the Affordable Housing Bill.
Therefore, the Kenya Kwanza legislators have granted permission for the National Assembly and Senate to proceed with discussions on the Bill, aiming to enact it into law.
Lawrence Omule Apiyo, in his capacity as the petitioner, named the Attorney General, the Cabinet Secretary for Lands, and the National Assembly as respondents. He contended that the Housing Bill had not undergone adequate public participation.
“The third respondent (National Assembly) cannot be faulted for how it has conducted public participation in respect of the Affordable Housing Bill No 75 of 2023,” the judgment read in part.
“This court finds that public participation conducted by the third respondent was effective and constitutionally compliant.”
The Court heard that Kimani Ichung’wah, the Majority Leader in the National Assembly, presented the Bill in Parliament on December 4, 2023. Subsequently, it underwent its initial reading on December 7, 2023.
Following this, on December 9, 2023, the general public was encouraged to personally share their opinions on the Bill by either attending in person at Parliament Buildings in Nairobi or submitting them via a designated email address, with a cutoff date of December 28, 2023.
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“The petitioner was aggrieved by the mode of submission of the memorandum and the timelines as provided,” Court documents indicated why the petition was filed.
In its defense, the National Assembly contended that following the issuance of the aforementioned invitation for public feedback, it proceeded to engage in public participation. This involved raising public awareness and reaching out to the community through meetings and feedback mechanisms.
The petitioner, based on prior notification, argued that the timeframe allocated for public involvement was insufficient and proceeded to submit the lawsuit.
The petitioner was observed presenting his case while simultaneous public hearings were being conducted by the National Assembly in Narok County at the Town Social Hall.
“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 High Court ruled.
On February 2, the Affordable Housing Bill was approved by the National Assembly and then transmitted to the Senate.
High Court Dismisses Petition Challenging Housing Bill