National

MPs to pass law protecting affordable housing project despite court ruling

Buxton Point Affordable houses in Mombasa, Phase 2 currently under construction.

By Farhiya Hussein | Saturday, January 27, 2024

Court of Appeal refused to extend a stay that had allowed government to continue collecting a 1.5 per cent levy to fund the project.

The joint committee collecting views on the Affordable Housing Bill, 2023, has committed to passing a legislation to protect the Affordable Housing Program.

The information was disclosed by the Chairperson of the Departmental Committee on Finance and National Planning Kuria Kimani during meetings with Lamu County citizens in Lamu Social Hall in Lamu West Constituency and Faza Island in Lamu East Constituency on Friday.

Keep reading

Additionally, MP Kuria revealed that the committee was closely examining the ruling from the court to see how the Affordable Housing Bill would address those shortcomings.

He pointed out that the Bill aims to implement Article 43(1)(b) of the Constitution, which guarantees the right to accessible and affordable housing, and to establish a legislative framework for the creation of the Affordable Housing Fund.

“To be clear, nothing that transpired in the Court of Appeal prevents us from holding public hearings. We are scheduled to conclude this exercise next week, and today is Day 9.”

He informed Lamu residents that the real purpose of this bill is to establish the legal foundation that the court stated the housing levy needs.

The government wanted to keep collecting the Housing Levy until the Court of Appeal heard and decided its appeal, but the Court of Appeal on Friday refused to extend a stay that had allowed it to continue collecting a 1.5 per cent levy to fund affordable housing projects.

Kimani was responding to queries from some participants who sought to know if the Committee was not in breach of a court order following the court decision.

The participants also instructed the legislators to enact strict guidelines to prevent corrupt officials from embezzling the funds collected.

Speaking of the program's possible advantages for the county, the citizens urged the Committee to establish a rule requiring the State Department of Housing to work with local contractors and craftsmen.

They also urged the Committee to devise a system that would allow experienced craftspeople to be hired.

Responding to the queries, MP Kimani informed them that the Committee would take the suggestion under consideration to enable locals to take advantage of the initiative.

He noted that thousands of youth would benefit from the Recognition of Prior Learning, the process of identifying, assessing and certifying knowledge and skills of individuals, during the recruitment process.

Following the public hearing, the legislators said that their trip to Faza Island had provided them with a thorough understanding of the difficulties that the locals face.

"Your MP has been vocal about the problems that the Lamu East Constituency is facing. We will help you," MP Joseph Munyoro said.

On her part, Lamu East MP Ruweida Obbbo informed the legislators that the Constituency was prepared to begin project implementation.

She informed the Committee that they had acquired a 5-acre plot of land via the Constituency Development Fund where the 200 housing units in each constituency will sit.

On Monday and Tuesday of next week, the Committee plans to meet with additional stakeholders at Parliament Buildings to discuss the Bill.