There are more rights in Article 43 besides housing

The concept of taxing housing. [Getty Images]

Recently, the government has been fixated on Article 43(1b) as a basis for pushing the housing levy that morphed into a housing tax down Kenyans' throats.

Meanwhile, it conveniently ignored real priorities of the whole article. While Article 43(1b) states every Kenyan has a right to accessible and adequate housing, just above it is Part 1a, which states every person has the right to highest attainable standards of health.

Article 43(1c), states everyone has the right to be free from hunger and have adequate food of acceptable quality. Article 43 (1d) states everyone has the right to clean and safe water in adequate quantities. There is also the right to social security and education in parts 1e and 1f of the same article.

The same article also gives the right to emergency treatment and, most importantly, social security to those unable to support themselves. Even before going for an additional 1.5 per cent housing tax, the government had been collecting enough tax from the salaried through PAYE and other deductions.

The amount of money collected through NHIF, for instance, should be enough to make every member access the highest standards of health at no cost. Over the 10 years of devolution, a few governors have proved it is possible to use existing taxes to have the best facilities in public hospitals.

However, if you ask Kenyans, they would tell the government to concentrate on Article 43 (1c), which directly addresses their stomach. While the Constitution gives people the right to be free from hunger, a good number go to bed hungry. The situation gets worse where children are involved, and this is where social protection under Article 43(3) becomes a necessity.

The scenes witnessed at G4S headquarters are a reminder of how badly we are doing on creation of jobs. The company had only advertised 150 positions. However, thousands turned up.

The affordable housing programme will create a few opportunities, but it will not be enough. Mjengo has never been the career of choice for many. For many, it is the place they wake up when they cannot find anything else. It also doesn't provide a consistent income and works on a project-by-project basis.

On the supply side, I hope the contractors will be under strict instruction to source materials locally. It already sounds far-fetched to imagine that they would. There are 'tenderpreneurs' already waiting in the wings for supply contracts.

We support the government as it seeks to bring some dormant articles of the Constitution to life. However, it must not be for the convenience of the state but the people. It is also not logical that the people need to bear an extra tax to enjoy their rights.