Parliament To Defy Court Order On Affordable Housing Bill Public Participation
Against a court order halting public participation forums regarding the Affordable Housing Bill 2023, two National Assembly committees have scheduled multiple meetings to gather input from the public, seemingly disregarding the directive.
The Finance and Planning Committee along with the Housing Committee will oversee a week-long program across 12 counties. This is poised to lead to a forthcoming legal dispute between the Executive and litigants. The litigants were given temporary orders halting the public involvement until a decision is made later this month, setting the stage for a potential legal clash.
The areas slated to hold the public involvement initiative encompass Machakos, Narok, Uasin Gishu, Meru, Nyeri, Nairobi, Mombasa, Kwale, Homabay, Kiambu, Embu, Bungoma, and Nakuru counties.
“We have finalized all logistics and are ready to receive views from the public. Over 100 memoranda were received from the public. The focus will be on contribution on the levy and beneficiary aspects,” Kuria Kimani, the Chairperson of the National Assembly’s Finance committee, said.
Last month, the Kisumu High Court issued an order to temporarily halt the public engagement process concerning the Affordable Housing Bill 2023 until further instructions are given.
The Grassroots Trust, a lobbying group situated in Kisumu, contended that the National Assembly ought to carry out thorough public awareness campaigns, specifically directed towards disadvantaged communities who might not be familiar with the Bill’s contents, before gathering opinions.
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Likewise, late last month, Justice Jacqueline Kamau from the Vihiga High Court refused to remove the directives previously set by the Kisumu High Court, which halted the scheduled public involvement. Instead, she requested the involved parties to present their arguments for the hearing scheduled on January 17th.
Kimani is firm in his belief that the recent action taken by Parliament does not violate court orders.
“There is no contempt because we stopped and are now doing it differently. You cannot gag an independent body from doing its job from the grassroots unless it now tells us who they want to make laws. We will proceed,” he said.
The original deadline established by the National Assembly to collect submissions on the Affordable Housing Bill, 2023, was December 28, 2023. Majority Leader Kimani Ichung’wah presented the revised version of the bill in Parliament on December 7.
The petitioners are eager to have the involvement of the public in the Affordable Housing Bill, 2023, disregarded. This sets the stage for another potential legal battle in the realm of justice, while the Court of Appeal is poised to decide on January 26 regarding the potential suspension of the housing tax outlined in the Finance Act 2023.
Parliament To Defy Court Order On Affordable Housing Bill Public Participation