National Assembly Majority Leader Kimani Ichung’wah has vigorously defended Parliament against accusations of defying court orders pertaining to the Affordable Housing Bill. Addressing concerns about the legislature’s decision to conduct public participation on the Bill, which includes measures like the implementation of a housing levy, Ichung’wah clarified the situation.
Last month, the High Court in Kisumu issued conservatory orders, putting a temporary halt to public participation on the Bill until the case is resolved. This came after litigants objected to the National Assembly committees on Housing and Finance’s call for public submissions.
Ichung’wah specified that the court orders only applied to the specific method of public participation outlined in the December 9, 2023, advertisement and did not completely prohibit the process. He stressed that the orders did not prevent Parliament from engaging in other forms of public participation, such as nationwide public hearings or consultations with key sectors, experts, workers, employers, political parties, civil society, and marginalized communities.
“In this context, the two committees of the National Assembly plan to conduct public hearings across the country on the Bill in line with the constitutional obligation outlined in Article 118 of the Constitution,” Ichung’wah stated in an official announcement. He argued that the basis of the court order contradicted its intention, obstructing Parliament and the Executive from complying with a three-judge-bench ruling on the Affordable Housing Levy in the Finance Act, 2023, currently facing a challenge in the Court of Appeal.
Ichung’wah criticized the court orders as ironic, impeding parliamentary and executive compliance with the three-judge-bench ruling. He emphasized that Parliament is not in contempt of court orders and highlighted the Court of Appeal’s permission for the government to continue collecting the housing levy until further orders are issued on January 26.
As legal proceedings unfold, Ichung’wah called for accurate reporting and dismissed speculations of contempt, underscoring Parliament’s commitment to constitutional processes and its ongoing legal challenges related to the Affordable Housing Levy.
Meanwhile, amid a dispute, occupants on Kirima land have been instructed to halt construction activities.
