Ichung'wah defends public participation on housing levy Bill

National Assembly Majority leader Kimani Ichung’wah has moved to absolve the House from allegations of defying court orders on the Affordable Housing Bill.

The legislator yesterday defended Parliament’s move to conduct public participation on the Bill that among other things advocates for the introduction of housing levy, despite a court order against the same.

The High Court in Kisumu last month issued conservatory orders stopping public participation on the Bill until the matter is determined.

The orders were issued after litigants moved to court shortly after the National Assembly Departmental Committees on Housing and Finance, in a notice published in the dailies on December 9, 2023, invited the public and stakeholders to submit memoranda on the Bill.

Ichung’wah now says that the orders by the High Court only apply in respect of the conduct of public participation in the manner indicated in the public participation advert issued on December 9, 2023, on submission of memoranda but they did not entirely halt the public participation process.

“The orders did not prohibit Parliament from conducting any other form of public participation including undertaking public hearings across the country on the Bill, or the ordinary stakeholder engagements with key sectors, experts, workers, employers, informal sector, political parties, civil society and marginalized communities etc,” he said in a statement.

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“In this regard, the two committees of the National Assembly intend to conduct public hearings across the country on the Bill in accordance with the constitutional obligation espoused in Article 118 of the Constitution and the fact is that this has not been stopped by the particular court order, which we have also challenged in court,” added Ichung’wah.

The Majority Leader also argued that the basis of the case giving rise to the order by the High Court in Kisumu is that Parliament should conduct adequate and effective public participation including through the creation of awareness on the Bill and holding public meetings.

He further termed the orders “ironic” stating that they stand in the way of Parliament and the Executive complying with the three-judge-bench ruling of the High Court on the Affordable Housing Levy as provided for in the Finance Act, 2023, which the House has since challenged in the Court of Appeal.

“The High Court held that the Affordable Housing framework requires to be hinged on a comprehensive legal framework and hence the introduction of the Affordable Housing Bill, 2023 to comply with the judgement of the distinguished three-judge-bench of the High Court as issued in November last year,” the statement further read.

“In the meantime, as we await for the guidance of the courts on these matters, let it go on record that it is pure misreporting and rumour-mongering to make unfounded reports that Parliament is in contempt of court orders, it is not.”

Notably, the Court of Appeal allowed the government to continue collecting the controversial housing levy until January 26 when the court is set to decide on whether to lift the order or grant a further extension.

The Court of Appeal ordered that the status quo be maintained until it rules on Attorney General Justin Muturi's application seeking to continue collecting the levy pending the determination of an appeal on its legality.