National Assembly Majority Leader Kimani Ichung’wah has come out to defend the House against claims of defying court orders in its quest to continue conducting public participation across 12 counties on the Affordable Housing Bill, 2023.
The forums, set to be presided over by the National Assembly’s Finance and Planning Committee and the Housing Committee, set the stage for an imminent legal battle between the Executive and litigants who were granted conservatory orders stopping public participation from taking place.
The High Court in Kisumu last month issued conservatory stopping public participation of the Bill pending further directions after the matter is determined later this month.
According to MP Ichung’wah, the House Finance and Finance committees invited the public to submit their memoranda on the Bill in a notice published on print media on December 19, 2023.
The Kikuyu MP stated that the order by the Kisumu High Court issued on the same day applied only to conducting public participation in the manner indicated in the said notice published on print media.
“The orders did not prohibit Parliament from conducting any other form of public participation including undertaking public hearings across the various parts of Kenya on the Bill, or the ordinary stakeholder engagements with key sectors, experts, workers, employers, informal sector, political parties, civil society and marginalized communities,” he said in a statement on Wednesday evening.
“In this regard, the two committees of the National Assembly intend to conduct public hearings across the country on the Bill in accordance with the constitutional obligation espoused in Article 118 of the Constitution and the fact is that this has not been stopped by the particular court order, which we have also challenged in court.”
Ichung’wah added: “It is also noteworthy that the basis of the case giving rise to the court order by the High Court in Kisumu is that Parliament should conduct adequate and effective public participation including through creation of awareness on the Bill and holding public meetings.”
While adding that they have since challenged the Kisumu High Court ruling at the Court of Appeal, the lawmaker termed the order as “ironical” saying it bars Parliament and the Executive from complying with another judgment by a three-bench of the High Court on the Affordable Housing Levy as provided for in the Finance Act, 2023.
“The High Court held that the Affordable Housing framework requires to be hinged on a comprehensive legal framework and hence the introduction of the Affordable Housing Bill, 2023 to comply with the judgement of the distinguished 3 Judges of the High Court as issued in November last year,” he stated.
“In the meantime as we await the guidance of the Courts on these matters, let it go on record that it is pure misreporting and rumour mongering to make unfounded reports that Parliament is in contempt of court orders. It is not.”
