The High Court orders stopping the planned public participation in the Affordable Housing Bill, 2023 is still in force pending inter-parties hearing.
On Wednesday, Vihiga High Court Judge Jacqueline Kamau declined to vacate the orders and directed the parties to make submissions for hearing on January 17, 2024.
Judge Kamau ordered the parties to file their replying affidavits on the petition by January 3, 2024. She also directed the parties to make submissions by January 15 for inter-parties hearing before Kisumu High Court on January 17.
The matter was brought before her for directions as the duty judge in Vihiga on December 27, 2023 for directions.
Last week, Kisumu High Court issued conservatory orders stopping the intended public participation in the Affordable Housing Bill, 2023 pending further directions.
A Kisumu-based lobby group, grassroots trust, through their lawyer Dr Paul Ogendi moved to court under a certificate of urgency seeking to halt the process on grounds that the notice given was too short.
The lobby has listed Attorney General as the 1st respondent, Cabinet Secretary for lands, public works, housing and urban development as the 2nd respondent and the National Assembly as the 3rd respondent.
Lawyer Lawson Ondieki, who represent the AG, urged the Court to lift the orders arguing that the petitioner’s alleged infringement of the Constitution does not meet the Constitutional threshold.
He said the court should allow the public participation to continue and in case the petitioner is not satisfied then they can challenge the process.
“The petitioner has put us in a peculiar position because the public are denied the opportunity to give their views on the Bill,” Ondieki said.
Dr Ogendi opposed the request to lift the orders saying the National Assembly which is mandated with law making failed to give adequate time and effective public participation.
The National Assembly through Lawyer G. Osore pleaded with the court to set aside the order and allow public participation and legislation process to continue.
“In the event the petitioner feel they are not satisfied with the process then they can contest that before the court. This will be the best way to balance the interest of both parties in the matter,” Osore said.
Lawyer Kiragu Kimani, who represented the CS, also asked the court to vacate the orders and allow the process to continue.
Lady Judge Justice Mwanaisha Shariff ordered that the planned public participation published in the local dallies by the National Assembly be halted until the application filed by Grassroot Trust is heard by inter-parties.
The petitioner argued that the said notice for public participation is too short and considering the nature of the Bill and its importance to the National Assembly should conduct adequate public participation especially targeting marginalized groups who may not know the content of the proposed Bill.
The National Assembly had set December 28, 2023 as the deadline to receive memoranda on the Bill.
The petitioner contends that by failing to conduct adequate and effective public participation in relation to the Affordable Housing Bill, 2023, the public will be disadvantaged.
