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- The court ruled that there was adequate public participation during the legislative process
- The housing levy was found not to violate constitutional provisions related to equality, property rights, and socio-economic rights
- The court declared that the housing levy aligns with the government’s duty to provide adequate housing for citizens
The High Court in Nairobi has delivered a ruling, affirming the legality of the houisng levy, in the affordable Housing Act, 2024.
The decision, delivered on Tuesday, 22 October, 2024, provides a green light for the government to continue implementing its affordable housing programme.
Adequate public participation
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The three-judge bench, comprising Justices Olga Sewe, John Chigiti, and Josephine Mongare, concluded that there was adequate public participation during the legislative process.
The judges emphasised that the public was given sufficient opportunity to express their views on the housing levy before it was passed into law.
In their ruling, the court stated, "The evidence presented indicates that the relevant stakeholders and members of the public were adequately engaged in accordance with the provisions of the Constitution."
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READ: From 2018 to 2024: A look at Kenya’s Affordable Housing agenda
This ruling comes after six petitions were filed challenging the housing levy, with petitioners arguing that the public was not properly consulted and that the law violated several constitutional provisions.
Constitutionality of the levy
Another key issue addressed by the court was whether the housing levy violated constitutional rights.
The petitioners had raised concerns that the levy infringed upon Articles 27, 40, and 43 of the Constitution, which deal with equality, property rights, and socio-economic rights, respectively.
However, the court found that the Affordable Housing Act, 2024, did not breach these constitutional provisions.
In their ruling, the judges noted that the levy was a necessary part of the government’s efforts to address the housing deficit in the country.
"The housing levy, as structured, does not violate any of the rights protected under Articles 27, 40, or 43. Instead, it aligns with the government’s duty to provide adequate housing for its citizens," the bench declared.
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READ: Proposed tough consequences of defaulting rent for affordable housing units
Impact on devolution
The petitioners had also argued that the Affordable Housing Act encroached on devolved functions, particularly in housing and urban development, which fall under county jurisdiction.
However, the court dismissed this argument, ruling that the Act does not claw back on devolution.