The High Court sitting in Kisumu on Monday, March 4, threw out a petition challenging the procession of the Affordable Housing Bill.
As such, the National Assembly and Senate were allowed to continue debating the Bill as Kenya Kwanza lawmakers seek to pass the piece of legislation into law.
Lawrence Omule Apiyo acting as the petitioner had listed; the Attorney General, the Cabinet Secretary for Lands and the National Assembly as respondents arguing that the Housing Bill had not been subjected to satisfactory public participation.
"The third respondent (National Assembly) cannot be faulted for the manner in which it has conducted public participation in respect of the Affordable Housing Bill No 75 of 2023," the judgement read in part.
"This court finds that public participation conducted by the third respondent was effective and constitutionally compliant."
The Court was told that National Assembly Majority Leader Kimani Ichung'wah tabled the Bill in Parliament on December 4, 2023, before it underwent its first reading on December 7, 2023.
Subsequently, on December 9, 2023, members of the public were invited to physically present their comments about the Bill to Parliament Buildings, Nairobi or send them through a provided email address with a deadline set for December 28, 2023.
"The petitioner was aggrieved by the mode of submission of the memorandum and the timelines as provided," Court documents indicated why the petition was filed.
In defence, the National Assembly argued that after issuing the aforementioned invite for public comments, it went ahead and conducted public participation by creating public awareness and contacting the public through meetings and feedback mechanisms.
The petitioner relying on earlier notice stated that the timeline provided for public participation was too short and went ahead and filed his case.
It was noted that the petitioner was arguing his case at the same time that the National Assembly was conducting public hearings in Narok County at the Town Social Hall.
"This court concurs with the respondents on their position that the petition breached the principle of ripeness as the petitioner presumed that the third respondent intended to conduct public participation through one mode, that is through submission of memoranda when he filed this petition," the High Court ruled.
The National Assembly passed the Affordable Housing Bill on February 2 and subsequently forwarded it to the Senate.
