Kenya – Petition Filed Challenging Affordable Housing Bill


  • The jurists accused the president and the executive for over taxing Kenyans despite high cost of living
  • The government unconstitutionally transfers its obligation the the private sectoe

By SamueL Mbgoh

The petition filed by seven Kenyans and the Mount Kenya Jurists Association argues that over the last year, too many taxes and levies have been introduced and that if the court does not intervene, there is a likelihood that the private economy will be starved of resources to finance other obligations and commitments that are constitutionally required to be carried out by the government.

Through lawyer Kibe Muingai, the petitioners argue that the government is looking forward to legalizing the Affordable Housing Bill (2023) which according to them is unconstitutional as it seeks to transfer the state obligations to provide housing to its citizens to the individual taxpayers thereby making a mockery to the constitution.

 “Even though there is no legal framework for the affordable housing schemes – which seeks to build high-rise ghettos across the Kenyan countryside – the government has engaged the overdrive gear to demolish existing homes and to evict homeowners from all areas covered by the Kenya Kwanza Government as ideal for the construction of high-rise ghettos,” read court papers.

Those names listed as respondents in the petition include the Attorney General, the Cabinet Secretary for Finance, the KRA, the National Assembly and the Senate.

Interested parties in the matter include Kenya Kwanza Coalition, Azimio la Umoja and the Kenya National Commission on Human Rights (KNCHR).

The petitioner further argues that Kenya Kwanza is guilty of abuse of powers to tax and impose levies under Articles 209 and 210 of the constitution.

Two weeks ago, the government tabled a revised Affordable Housing Bill in the National Assembly.

The Bill proposes a 10 million shillings fine for any person found to have misappropriated the fund with penalties for non-remission of the levy set at 3 per cent of the unpaid amount for each month in arrears.


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