Fresh calls to review the Housing Bill

By Harold AyodoFresh calls to recall the Housing Bill 2009, scheduled for discussion in parliament from October this year are mounting as stakeholders in the sector argue the Bill is not in line with the new Constitution.The Bill, which during its drafting in the past two years collected views and opinions from stakeholders, was taken to the Cabinet for discussion and is at an advanced stage. However, players insist it should be recalled before being taken to parliament as it fails to address fundamental issues such as affordability, accessibility and security of tenure."The Bill has placed more emphasis on the establishment of institutions and fails to address important normative issues that define the right to adequate housing," says Odindo Opiata, the executive director of Hakijamii, an economic and social rights centre.Constitutional obligation Opiata argues that the Bill is not in line with the supreme law. The bone of contention is that the proposed legislation was drafted before the promulgation of the Constitution."Yet the Government is under constitutional obligation to ensure realisation of the right to accessible and adequate housing through an Act of Parliament," Opiata says.Apartment blocks in Nairobi. The housing sub-sector is still struggling to set new regulations.He argues that the current Housing Bill should be immediately reviewed to comply with principles in the Constitution on the right to human shelter.Others are provision of basic services, location and habitability, which all form the minimum core content of the right to adequate housing.Kituo Cha Sheria, a centre for legal empowerment, has echoed similar sentiments. According to its executive director Priscilla Nyokabi, the Bill should be re-looked at to comply with rules of international law."The Bill should be recalled for public participation… it seems not to have paid attention to reforms contained in the National Land Policy," Nyokabi says."It should also identify and set out the general principles applicable to housing in the country," she says.Nyokabi adds that the proposed law should define the roles of different actors, such as the national government and the county governments."It should comply with the devolution system created by the Constitution to avoid inconsistency and being declared null and void," Nyokabi says.The process of the enactment of the Bill, she says, should be done in a close coordinated and consultative process with other reform processes."Key ministries whose functions have a direct impact on housing provision in the country should be brought on board to ensure proper harmonisation," Nyokabi observes.She calls for a multi-stakeholders approach to the process and expansion of the team that initially came up with the Bill.Housing rights"There is need for improvement through the legislative process after publishing of the same and before final enactment by Parliament," Nyokabi argues.Opiata concurs with Nyokabi saying all existing policies and laws are under review to comply with the Constitution."The Ministry of Housing has no option but to follow suit… we have not heard of any concrete steps by the docket to commence the process," Opiata says.Currently, several cases on economic and social rights filed in courts — since the promulgation of the Constitution — are on rights to housing.For instance, courts have this year handled multiple complaints of families that have been evicted from informal settlements.The City Council of Nairobi is notorious for flattening houses after allegedly issuing notices as required by law, yet the same council is responsible for offering them permits to construct.Nairobi Peoples Settlement Network chairperson Humphrey Oduor says the new law should stop all forms of unwarranted evictions."The right to housing is fundamental… evictions must not be carried out unless the Government comes up with a re-settlement plan," Oduor says.Other challenges that dog the sector include inadequate supply of housing as demand outstrips supply, rogue estate agents and landlords who have perfected the art of milking prospective tenants of thier hard earned money.Mortgage facilitiesCases of landlords increasing rent with impunity — especially for tenants who have not signed lease agreements before moving in — are not new. In addition, exorbitant housing prices have prevented prospective homeowners from owning their dream houses.Mortgage facilities are steep benefiting a paltry eight per cent of a population of 40 million people, according to a recent Central Bank of Kenya and World Bank study. This means approximately 320,000 households can afford a mortgage countrywide.According to Oduor, issues of informal settlements have only been mentioned as slum upgrading in the Housing Bill."The Bill has failed to define how slum upgrading will be implemented and how families in informal settlements would be involved in housing development," Oduor says.He argues that the lack of a housing policy gave leeway for loose guidelines to managing residential housing since independence.Housing Permanent Secretary Tirop Kosgey says it would be necessary to engage stakeholders again to ensure the Bill is in line with the new Constitution."We are committed to capture the letter and spirit of the Constitution. We know that access to adequate housing is important," Kosgey says.He reiterates that the objectives of the Housing Bill are to mobilise resources for provision of housing.Promote development"Facilitation, provision and maintenance of housing and related infrastructure… and enhancement of partnerships among implementing agencies in housing delivery are included," he saysKosgey says there will be provisions to promote development and adoption of appropriate building materials, technologies and ideas. "We are also concerned with ways to identify and secure land for housing, particularly for public and social housing," Kosgey says.Other than streamlining the sub-sector, "the Bill will provide effective coordination, facilitation, capacity building and monitoring of housing and human settlements," Kosgey says.He reveals that consultations with Treasury on the financial implications of the provisions that seek to establish the Housing Fund and the Kenya Housing Authority are ongoing, which are part of the several new changes expected in addition to formulating the Kenya Housing Board."A National Housing Fund, which will act as a depository for all monies for housing development will also be established," Kosgey says.There will also be provisions for a Housing Tribunal that would arbitrate disputes and complaints within the sub-sector.

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