A recent move to the High Court by Dr. Magare Gikenyi has cast a shadow over the implementation of the Affordable Housing Act, of 2023. In his petition, Dr. Gikenyi has raised significant concerns regarding the Act’s constitutionality, alleging that it introduces “communist ideologies” contrary to the principles laid out in Kenya’s constitution.
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In his petition, Gikenyi contends that the Affordable Housing Act fails to respect individual rights and preferences in housing choices. He asserts that the Act overlooks the fact that many Kenyans have already secured housing arrangements tailored to their specific needs, including location, design, and payment modalities. By imposing a levy on all citizens, Gikenyi argues, the Act disregards the diverse housing situations and preferences of Kenyans.
Moreover, Gikenyi raises constitutional concerns regarding the Act’s utilization of public land. He points out that the Act allows for the sale of housing units on public land to private individuals or corporations, a move he deems unconstitutional under Article 62(2) and (3) of the Constitution, which vests the authority over public land solely in the National Land Commission (NLC).
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Furthermore, Gikenyi criticizes the lack of transparency and accountability in the establishment and management of the Affordable Housing Fund. He argues that the fund operates without a solid legal framework and safeguards, making it susceptible to abuse and mismanagement of public resources. Gikenyi highlights the risk of contributors being subjected to unjust treatment and emphasizes the need for stringent oversight to prevent potential exploitation.
In his plea to the court, Gikenyi emphasizes the importance of upholding constitutional principles, including the rule of law, good governance, and protection of citizens’ rights. He calls for a halt to any evictions from public land associated with the Affordable Housing Act pending the resolution of the legal challenge.
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The Affordable Housing Act, which was passed by both the National Assembly and the Senate and subsequently assented to by President William Ruto, has now become the subject of a legal battle that will likely shape the future of affordable housing initiatives in Kenya. As the case unfolds in the High Court, it underscores the complex interplay between legislative agendas, constitutional rights, and public welfare concerns in the pursuit of affordable housing solutions.
