The High Court rejected a legal challenge to enforcing the Affordable Housing Bill 2023.
This verdict was delivered by Justice Mwanaisha Saida Shariff, sitting at the High Court in Kisumu, in a petition where one Mr.
Lawrence Omule Apiyo had sued the National Assembly alongside the Office of the Attorney General and the Cabinet Secretary for Lands, Public Works, Housing and Urban Settlement regarding public participation on the Bill.
In her ruling, Justice Mwanaisha noted that the National Assembly had adduced sufficient evidence to prove that there had been public participation beyond the submission of written memoranda on the Bill.
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The Petitioner had accused the National Assembly of restricting public participation in the Affordable Housing Bill, 2023 (National Assembly Bill No. 75 of 2023), to only submit memoranda, which he argued was not inclusive.
“This court takes judicial notice of the fact that public hearings and consultations with stakeholders and experts concluded on January 30 2024, and the Affordable Housing Bill has already undergone a second reading before the 3rd Respondent (National Assembly), with a vote being taken in favour,” ruled Justice Mwanaisha.
Mr Apiyo had filed the petition on December 15, 2023, less than a week after the Clerk of the National Assembly, Mr Samuel Njoroge, put out a notice inviting Members of the Public to submit written memoranda on the Bill.
During the petition hearing, the National Assembly told the Court that submission of memoranda was just one of the methods to be employed in undertaking public participation.
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