Lobbyists want public land secured in affordable housing deals

Civil society organisations at the Coast have expressed concerns over the affordable housing regulations, saying they still need thorough interrogation.

The organisations on Monday said the regulations still have not addressed the land question and have many other questionable aspects.

“There are still questions about how county land will be getting into private hands,” Coast Civil Society Network chairman Zedekiah Adika said.

Twenty-nine CSOs were in a meeting to discuss the regulations as part of public participation before submitting their recommendations to the Housing ministry ahead of the deadline at 5pm.

“If you look at these regulations and the Act itself, the county is not principle player in this process. The process is led by some board at national level and that is what we are saying about the constitutionalism of the Act,” Adika said.

He said planning and development of houses are devolved functions but the Act is in place.

“We know that this is a matter that will be determined by the court because there are several cases in court over the same. We wait for the court’s decision,” Adika said.

The Affordable Housing Act stipulates that any sale of the affordable housing units must have a nine per cent interest on top, which will go to the government.

The CSOs said this is fleecing the public by the government.

They argue that the affordable housing units will be built using taxpayers money, and once one buys a unit, the government should not have any authority over the sold unit.

The CSOs have rejected the proposal to exempt certain players in the affordable housing scheme from taxes.

This, they said, will be used by certain rogue officers in government to award lucrative construction tenders to themselves or their cronies and maximise their profits because they will be exempted from taxes.

“Everyone engaging in this process must just pay taxes the way it is needed,” Adika said.

John Tsuma, an activist, said the regulations should target slum dwellers mostly because they are the people in most need of affordable and decent housing units.

“If this can be captured in the regulations, then it would really be of benefit to the hustlers as intended. Otherwise, the affordable housing units will remain a thing that only the rich can afford,” he said.

Tsuma called for automatic allocation of the units for those who are affected by redevelopment of housing units for some projects.

He is one of the victims of the Buxton Point affordable housing units debacle, where majority of the former tenants of the old Buxton estate were left out of the new units because they were out-priced.

“If such a situation occurs where an old estate is demolished to make way for new affordable housing units, the former tenants must not be disadvantaged. They must be given priority and in a manner that will make them afford the new units,” Tsuma said.

Activist Brenda Wasike is against the period over which one who acquires an affordable housing unit, must stay before being able to sell their acquired unit.

The Act states that once one acquires an affordable housing unit, they cannot sell it in the first eight years after acquisition.

“If I buy a unit and then feel I have to go and retire at home peacefully, why should I be forced to wait eight years before I can sell it, yet I bought it and it belongs to me?” Wasike posed.

She said the criteria to be used for one to acquire a unit must also be made public.

The Act is silent on that and one may be disqualified from purchasing a unit without them knowing the reason.

“It needs to be open so that before I even apply for a unit, I know what is needed and whether I qualify or not, based on the stated requirements,” Wasike said.

Kenya Land Alliance’s Nagib Shamsan said the Act as it is now, is silent on succession.

“The Act does not show how I will let my son inherit my unit. If I die and my son is not yet 18, how will they inherit the unit from me?” he said.

“Take Buxton Point for instance. The units there are being sold at market value. The tenants before used to pay subsidised rent. Will they be able to afford the units?” Shamsan posed.

Tsuma also said the estate management fee must be capped at some amount.

He said the Act is silent on the fee and this may be used by the developers to set it at very high prices.

“Some affordable housing project will make it Sh2,500 per month while others will charge Sh1,500. It should be capped at some amount so that it does not go beyond a certain amount,” Tsuma said.