Attorney General Justin Muturi on Wednesday expressed his firm belief that the Affordable Housing Bill has addressed concerns that were raised by the High Court which declared the Housing Levy unconstitutional.
While appearing before a joint committee of the National Assembly, Muturi noted that the bill addressed provisions for inclusive contributions given that the bill allows non-salaried Kenyans to support President William Ruto's housing agenda.
On the other hand, he asserted that the proposed laws gave legal frameworks to the programme championed by Ruto.
Muturi was responding to fears of another court showdown as a section of legislators wondered whether the programme would be halted again.
Initially, the High Court declared the Housing Levy unconstitutional and discriminatory given that only salaried Kenyans were making contributions to the fund.
“In my opinion, the bill has addressed the issues raised by the court. By proposing to enact the bill, the Government is responding to the ruling of the court by establishing a legal framework for affordable housing and management of the funds to be collected under the bill."
“The Bill further addresses the certainty of the law in terms of good governance, transparency and accountability as envisaged under Article 10(2)(a) and (c) of the Constitution," he stated.
However, he acknowledged that Members of Parliament would have to involve senators in the passage of the bill given the role of county governments in the programme.
Muturi was alluding to the provisions of the law on the separation of powers which give the National Government the mandate to develop housing policies while on the other end, bestowing the responsibilities of planning and development to the devolved units.
“Any overlap in discharge of functions can be sorted out through consultation and cooperation in line with Article 6(2) of the Constitution which states that ‘the governments in both levels are distinct and interdependent and shall conduct their mutual relations on the basis of consultation and cooperation," he stated.
Regarding the use of public land, he noted that the government's plan to use public land for the development of houses was catered for in the Land Act.
The Joint Committee on Finance and Housing, is currently drafting its report on the bill which is set to be debated once Parliament resumes later this month.
The final report will also include views aired by Kenyans during the public participation process.
