Kenya: Police Teargas Youths Protesting Court Decision Halting Affordable Housing Projects

30 January 2024

Nairobi — Police on Tuesday teargassed a group of youthful demonstrators who were protesting outside the Milimani Law Courts in Nairobi against orders suspending the Affordable Housing project.

The protesters had gathered to voice their discontentment with the recent court ruling that suspended the Affordable Housing Levy proposed by the government to construct houses across the country.

"This is our livelihood, now we have no jobs," one demonstrator yelled, waving a placard with the slogan "haki yetu".

Clad in construction worker attire and brandishing twigs, the demonstrators chanted fervently, with slogans like "haki yetu" (our rights) echoing through the air as they marched in front of the courthouse.

Their demand was clear - "We want the government's housing project to continue because it is clearing jobs for us."

Another demonstrator said "Affordable Housing is not just a program. It's a lifeline for a better quality of life."

One protester, an electrical engineer, expressed his frustration saying he had pinned his hopes on potential work from the government's housing project before the court's ruling last week.

"We are urging the courts to live for the moment and understand these issues," Michael Omollo said, "the order suspending this project has affected us."

The High Court declared the Affordable Housing Levy unconstitutional on November 28, 2023, and this verdict was subsequently upheld by the Court of Appeal on last week Friday.

As a result, contractors suspended work at various sites, including Kibra and Ruiru in Nairobi where the demonstrators were working to eke a living.

Despite the state's application to suspend the implementation of the High Court judgment, the court ruled against it, asserting that public interest favoured awaiting the determination of the intended appeals.

The verdict was delivered by Justices Lydia Achode, John Mativo, and Gatembu Kairu.

"Public interest in our view tilts in favor of not granting the stay or the suspension sought. Public interest tilts in favor of awaiting the determination of the issues raised in the intended appeals," the declared.

President William Ruto has called for patience from Kenyans, saying the government will comply with the court order to regularise the regulations required which include adequate public participation, while vowing to appeal/

The public hearings on the affordable housing bill are already underway and will conclude on Wednesday, with meetings scheduled in Nairobi and Mombasa counties.

The National Assembly's joint committee on Finance and National Planning, together with the Housing and Urban Planning committee, has been receiving feedback from Kenyans and various stakeholders since January 17. These hearings have spanned across 19 selected counties.

The bill, championed by Majority Leader Kimani Ichung'wah, seeks to establish a legal framework for the Affordable Housing Fund and operationalize the right to accessible and adequate housing as enshrined in the Constitution.

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