Kenya’s National Assembly has challenged multiple petitions against the recently enacted Affordable Housing Act 2024, arguing that the cases violate constitutional and procedural provisions on judicial practice.
The objections, filed before the High Court, claim the petitions were improperly brought before the Constitutional Division, setting the stage for a legal battle over the government’s ambitious housing program.
In separate notices of preliminary objections, the National Assembly has raised concerns about seven petitions consolidated into a single case involving more than 60 parties, including the Senate, various ministries, and watchdog groups.
The case is due for mention on June 3 before a three-judge bench comprising Lady Justice Olga Sewe, Justice Chigiti John Mugwimi, and Lady Justice Mongare Josephine.
“The said violations range from matters being filed in the wrong court, to mismatch of jurisdiction,” the National Assembly argued, according to court documents reviewed by the Financial Times. “This is in relation to disputes legally admissible before the Constitutional Division of the High Court, which is due to hear the consolidated Petition.”
One petition, filed by the Trade Unions Congress, challenges the deduction of the Affordable Housing Levy from members’ salaries. The National Assembly contends this employer-employee dispute should have been brought before the Labour Relations Court, not the Constitutional Division. “This could be tantamount to an abuse of the court process if the petition is conclusively handled by the current Bench,” the objection states.
In another petition from the Kenya Human Rights Commission and Katiba Institute, the National Assembly argues that issues raised over alleged constitutional violations in land acquisition should have been heard by the Environment and Land Court.
“Disputes arising from land use, occupation, titling, administration and management…are a preserve of the Environment and Land Court,” the assembly said. “This court thus lacks jurisdiction to hear and determine this matter.”
During the June 3 mention, the bench is expected to provide directions on filing responses, submissions, and handling any pending interlocutory applications. The case underscores the legal complexities surrounding the Affordable Housing Act, a flagship policy aimed at addressing Kenya’s housing shortage but which has drawn criticism from various quarters.
