Mt. Kenya lawyers move to court to stop Parliament from debating Ruto’s new housing bill
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Lawyers from Mt. Kenya region in court seeking orders to bar Parliament from passing Ruto's new Affordable Housing Bill, 2023
Lawyers from Mt. Kenya region in court seeking orders to bar Parliament from passing Ruto’s new Affordable Housing Bill, 2023.
A petition for a conservatory injunction prohibiting the National Assembly from considering, debating, or passing the Affordable Housing Bill, 2023 has been filed at the high court by the Mt. Kenya Jurists and seven other Kenyans.
The petitioners moved to court to challenge the Affordable Housing Bill 2023, which was tabled in parliament in an attempt to legalize the collection of Housing Levy.
The Housing Levy was declared unconstitutional by the High Court in a ruling on the petition by Busia Senator Okiya Omtatah.
However, President William Ruto has insisted that the affordable housing scheme must be implemented.
According to the lawyers, it is the government’s responsibility to provide housing and it is unconstitutional for the government to pass on this responsibility to individual citizens through the housing levy.
The Petitioners include; Fanya Mambo Kinuthia Kenneth Njagi Njiru Peter Koir Charles M. Mabiru Ishmael Muriithi Nguring’a Jackline Wanjiru Mwangi Lempaa Vincent Suyiaka Mount Kenya Jurists Association
The jurists moved to court and, through their advocate, demanded that the court issue the following orders:
A conservatory order of injunction to restrain the government from investing, prescribing, and enforcing new taxes, levies, or charges under Articles 209 and 210 of the Constitution.
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A conservatory order restraining the National Assembly from considering, debating, or passing the Affordable Housing Bill, 2023, before the petition is heard and determined.
A conservatory order restraining the government from carrying out the eviction of Kenyans from any occupied land to undertake the Affordable Housing Scheme.
An order restraining the Kenya Revenue Authority from entering private businesses and homes unless they serve the owners and occupants a notice of 14 days specifying the purpose of the visit.
An order to restrain the National Assembly and the Senate from adopting the Report of the National Dialogue Committee unless and until a Bill to address the run-away cost of living problem is presented together.
The need for the Affordable Housing Bill 2023 arose from a recent court ruling that deemed the previous levy, established under the Finance Act 2023, unconstitutional.
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