The Kenyan government's plan to provide affordable housing has received a significant boost after the Court of Appeal upheld the law on affordable housing and housing levy. The court, in a decision made by a panel of five judges, ruled that the Affordable Housing Act was enacted to implement the right of every Kenyan to adequate and decent housing as enshrined in the Constitution. The court dismissed 42 petitions that challenged the law.
The law requires employers and employees to contribute 1.5% of the employee's salary each month to the Affordable Housing Fund. Those who challenged the law, including a surgeon from Nakuru, Magare Gikenyi, argued that the levy forced Kenyans to finance houses they may never benefit from. They also claimed that the responsibility of providing housing lies with county governments and that the national government had overstepped its constitutional mandate.
However, the Court of Appeal ruled that housing is a concurrent function between the national and county governments, and therefore, the law does not contravene the constitutional principle of devolution. The judges added that the levy cannot be considered discriminatory or an unlawful confiscation of property since the government has the authority to impose taxes to execute its constitutional obligations.
The court's decision strengthens one of President William Ruto's key projects aimed at increasing the availability of affordable housing in the country. The President's plan is to provide affordable housing to Kenyans, and the court's ruling is seen as a significant milestone in achieving this goal. The law is expected to provide relief to many Kenyans who are struggling to access decent and affordable housing.
The Court of Appeal, however, cautioned that the program should ensure that it benefits the most vulnerable Kenyans and is not used to favor political allies or influential individuals. The court emphasized that the implementation of the program should be transparent and equitable.
The ruling has been welcomed by the government, which has been keen to roll out the affordable housing program. The program is expected to provide thousands of Kenyans with access to decent and affordable housing. The government has assured Kenyans that the program will be implemented in a fair and transparent manner.
The Court of Appeal's decision is a significant victory for the government, which had faced opposition from various stakeholders over the implementation of the affordable housing program. The program is seen as a key pillar of the government's strategy to address the housing deficit in the country. The government has vowed to continue implementing the program despite the challenges it has faced.
Key points
- The Court of Appeal upheld the law on affordable housing and housing levy, paving the way for the implementation of the program.
- The program aims to provide affordable housing to thousands of Kenyans.
- The court cautioned that the program should benefit the most vulnerable Kenyans and be implemented in a transparent and equitable manner.
