National Assembly Majority leader Kimani Ichung'wah on Wednesday defended Parliament against accusations of proceeding to conduct public participation on the controversial Housing Levy despite a court order suspending the same.
According to Ichung'wah, the court orders did not prohibit Parliament from conducting any form of public participation including undertaking public hearings across the various parts of Kenya, to field views from Kenyans on the piece of legislation.
“Article 118 of the Constitution mandates and obligates Parliament to facilitate public participation and involvement in its legislative business,” Ichung'wah stated.
The Kikuyu Member of Parliament while addressing the claims noted that public participation across the 12 counties was conducted in accordance with an advert issued on December 9, 2023.
"Pursuant to Article 118 of the Constitution, vide a notice published in print media on 9th December 2023, the public and stakeholders were invited to submit memoranda on the Bill to the National Assembly Departmental Committees on Housing and Finance," Ichung'wah stated.
On December 19, a High Court in Kisumu issued conservatory orders stopping public participation in the Bill pending determination of the matter this month.
According to the MP, the orders by the High Court in Kisumu stand in the way of Parliament and the Executive from complying with a ruling made by a 3-judge bench in Nairobi allowing the govt to continue collecting the Housing Levy temporarily despite declaring it unconstitutional.
Ichung'wah noted they had since complied with the directions given by the 3-judge bench which required them to hinge the controversial Act on a comprehensive legal framework.
According to the lawmaker, he had introduced a fresh bill in Parliament, the Affordable Housing Bill in a bid to make it constitutional via ammendments.
The legislator further noted that they had since challenged the orders by the High Court in Kisumu at the Appellate Court.
“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," read part of a statement by the lawmaker.
"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 rumuor-mongering to make unfounded reports that Parliament is in contempt of court orders. It is not," the MP remarked.
