Win for Gov't as court declines to stop implementation of Affordable Housing Act

Justice Chacha Mwita instead directed that the matter of the pleadings be served to all parties immediately.

The court further noted that the matter raises fundamental questions and requires an urgent hearing.

“That the respondents and interested parties do file responses to the application and petition within 7 days after service,” the court directed.

The parties will highlight their submission on the 16th of May this year.

This allows President William Ruto's government to forge ahead with the implementation of his flagship Affordable Housing program.

In the case, five petitioners moved to court on Wednesday seeking conservatory orders stopping the Implementation of the controversial law.

The petitioners; Benjamin Magare, a Nakuru-based doctor, together with Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi and Jamlick Orina who identify themselves as Nakuru residents oppose the law on grounds that it attempts to introduce "communist ideologies".

“The Affordable Housing Act 2024, essentially tries to introduce communist ideologies yet, there is nowhere in the constitution which allows the government to introduce communist ideologies. Kenya is not a communist state and the constitution does not envisage it,” the petitioners submitted.

They further argued that the national government has now taken over the housing function from county governments and that the new law has introduced “a shadowy entity, the ‘collector’ which collects funds,” instead of the Kenya Revenue Authority.

Lands Cabinet Secretary Alice Wahome, her Treasury counterpart Njuguna Ndung’u, Attorney-General Justin Muturi, the National Assembly and the Senate are listed as respondents in the suit.