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CJ Koome denies striking deal with Ruto over Affordable Housing Levy

Agreement? What Agreement?

President William Ruto and Chief Justice Martha Koome at the launch of the Administration of Justice in Kenya Annual report 2021/2022

Chief Justice Martha Koome has clarified that there has been no agreement between the Judiciary and the Executive regarding the Affordable Housing Act, 2024.

Speaking on March 21, CJ Koome said that the Judiciary’s involvement in the Affordable Housing Program was only to execute its mandate in determining the dispute that was before the High Court.

“What I would like to assure Kenyans is the Judiciary was not a party to that matter. The Judiciary was discharging the function of determining a dispute that was before us.

"We are independent, impartial and therefore we had no capacity or loci standi to enter into an agreement with the Executive,” she said.


This comes after a section of the media reported that President William Ruto had announced that the Executive and the Judiciary had reached an agreement on the Affordable Housing Program.

President Ruto, during a tour of duty in Bomet County on Mar 16, 2024 said that the Affordable Housing program was on course after collaborating with the Judiciary to iron out pit falls that befallen the previous law.

In December 2023 when the levy was declared unconstitutional, the High Court highlighted issues raised by the petitioners such as discrimination and lack of a proper framework to support the implementation of the program.

“I will be assenting to the new law, which we have come to an agreement with the Judiciary on this issue of housing,” the President said.


On March 19, after assenting to the Affordable Housing Act, 2024, the head of state said that the dispute lodged in regards to certain aspects of the Finance Act 2023, which first introduced the housing levy, helped create the new legislation and iron out the issues raised.

However, the Affordable Housing Act, 2024 has already be challenged in court through petitions by Busia Senator Okiya Omtatah and Nakuru-based surgeon Magare Gikenyi.

However the courts declined to suspend the implementation of the new law pending the hearing and determination.


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