Kisumu — The High Court in Kisumu has given Parliament a nod to proceed with the Affordable Housing Bill after it struck out a case challenging public participation.
Judge Lady Justice Saida Shariff threw out the petition lodged in court last month by a lobby group.
The court said the petition was premature noting that it had assumed that the National Assembly intended to conduct the exercise through one mode, that is through submission of memoranda.
"Public Participation was conducted in an effective and constitutionally compliant manner," she ruled.
Last month, the Judge halted the planned public participation advertised in local dailies pending determination of the suit.
Grassroot Trust, the Kisumu-based lobby had argued the National Assembly was out to undermine effective public participation.
Lawrence Apiyo, the petitioner had listed Attorney General as the 1st respondent, cabinet secretary for lands, public works, housing and urban development as the 2nd respondent and the national assembly as the 3rd respondent.
It argued that the said notice for public participation was too short and considering the nature of the Bill and its importance to the National Assembly should conduct adequate public participation especially targeting marginalized groups who may not know the contents of the proposed Bill.
The petitioner argued failure to conduct adequate and effective public participation in relation to the Affordable Housing Bill, 2023, disadvantaged the public.
However, in her ruling, Justice Shariff said the petition does not fall in the pigeonhole of exceptions to the general rule that courts will not interfere with the legislative making process.
"This court is thus disinclined to accept the Petitioner's invitation for a recall of the notice issued by the Clerk of the 3rd Respondent on December 9, 2023, by way of an order of mandamus," she ruled.
In its submission, the National Assembly had argued that the bill was, pursuant to Standing Order 127 (1), referred to departmental committee whereafter pursuant to Standing Order 127 (3).
The order states that "The Departmental Committee to which a Bill is committed shall facilitate public participation on the Bill through an appropriate mechanism,".
Justice Shariff concurred with the respondents and found that the petition lacked merit.
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