Mt. Kenya Jurists In Court To Stop William Ruto-Backed Housing Bill

• The 8 petitioners justified their move to court, stating that the NADCO report was unable to tackle the runaway cost of living
• According to the petitioners, it is the government's responsibility to provide housing, not individual citizens
• The petitioners are seeking five conservatory orders, among them, to restrain the National Assembly from passing the Affordable Housing Bill, 2023

Elijah Ntongai, a journalist at TUKO.co.ke, leverages more than three years of expertise in financial, business, and technology research, providing profound insights into Kenyan and global economic trends.

The Mt. Kenya Jurists and seven other Kenyans have tabled a petition before the high court seeking a conservatory order restraining the National Assembly from considering, debating or passing the Affordable Housing Bill, 2023, among other issues.

Why petitioners moved to court

The petitioners moved to court to challenge the Affordable Housing Bill 2023, which was tabled in parliament in an attempt to legalise 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.

The petitioners further justified their move by stating that the National Dialogue Committee (NADCO) report failed to address the high cost of living bedevilling Kenyans as a result of excessive taxation.

According to the petitioners, 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.

What are the petitioners demanding?

The petitioners moved to court and, through their advocate, demanded that the court issue the following orders, as reported by Citizentv:

1. 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.
2. A conservatory order restraining the National Assembly from considering, debating or passing the Affordable Housing Bill, 2023, before the petition is heard and determined.
3. A conservatory order restraining the government from carrying out the eviction of Kenyans from any occupied land to undertake the Affordable Housing Scheme.
4. 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.
5. 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.

Who are the Petitioners?

• 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

New Affordable Housing Bill 2023 tabled after court rules housing levy unconstitutional

Earlier on TUKO.co.ke, the new Affordable Housing Bill 2023 tabled before parliament proposed penalties for anyone found misappropriating funds from the Housing Levy.

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.

The bill also introduces more harrowing consequences for non-compliance with the levy payment.