The state has won a case in which petitioners had challenged the housing levy arguing that it was unconstitutional and should be quashed.
However, a three judge bench has this afternoon held that the housing levy was legal further saying that
it was enacted inline with the provisions of public participation as enshrined in the 2010 Kenyan Constitution.
Justices John Chigiti, Olga Sewe and J. Mung’are ruled that although the petitioners in the case raised preliminary objection to the affordable Housing Levy Act, they could not adduce any convincing evidence to nullify the Act.
They held that although the petitioners alleged that public participation was only carried out in 19 Counties discriminating 28 Counties contrary to the 2010 Constitution, the said allegations were never substantiated.
It was the petitioners case that public participation was non-quantitative hence urging the Court to find out that the Housing Levy Act did not meet the constitutional parameters of public participation.
The court held that public participation is one of the key principles and values of governance and the respondents proved that indeed public participation was adequate.
“It is our findings that there was adequate public participation before the enactment of the affordable Housing Levy.”the court ruled
The Court also held the finding that affordable housing levy is not discriminatory as alleged by the petitioners.
It was their finding that the levy is properly in force and is in accordance with the constitution, the petitioners have not proved their case in light of any principle known in Law
It was also ruled that the purpose of the affordable housing levy is in line with the United Nations Convention on human rights hence in line with the constitution.
