Kenya: Ichung'wah Trashes Ruling Disallowing Public Participation on Housing Levy

21 December 2023
Capital FM (Nairobi)
By Ojwang Joe

Kisimu — National Assembly Majority Leader Kimani Ichung'wah has trashed a High Court order staying planned public participation on the revised housing levy law.

Ichung'wah termed the order by a Kisumu High Court unconstitutional.

"Article 118 of the Constitution obligates public participation in law making," he remarked on Wednesday.

High Court Judge Lady Justice Saida Shariff Wednesday halted planned public participation advertised in local dailies pending determination of the suit.

Grassroot Trust, a Kisumu-based lobby, argued National Assembly was out to undermine effective public participation.

'No injunctions'

Ichung'wah maintained Parliament will proceed regardless.

"Judicial and Executive AUTOCRACY has no space in the Parliament of Kenya and this order is UNCONSTITUTIONAL," he quipped.

Ichung'wah termed the order as an infringement on the rights of Kenyans to give their views in law making.

Responding to the tweet, Dr Paul Ogendi, the lawyer representing the petitioner, termed Ichung'wah outburst as a veiled attack aimed at the Judiciary.

"We will soldier on to protect the independence of the courts and the rule of law in the country," he said.

He noted that what they are asking for is adequate and effective public participation.

The lobby 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 is 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 National Assembly had set December 28 as the deadline to receive memoranda on the Bill.

The petitioner argued failure to conduct adequate and effective public participation in relation to the Affordable Housing Bill, 2023, disadvantaged the public.

Lady Justice Shariff directed parties to appear in court on December 27 for further directions.

Read the original article on Capital FM.

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