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Hinga explains why owners of affordable housing units are barred from selling

Tuesday, June 4th, 2024 20:58 | By
Principal Secretary for the State Department for Housing and Urban Development Charles Hinga appearing before a Parliamentary Committee on June 4, 2024. PHOTO/Parliament of Kenya/Facebook
Principal Secretary for the State Department for Housing and Urban Development Charles Hinga appearing before a Parliamentary Committee on June 4, 2024. PHOTO/Parliament of Kenya/Facebook

Principal Secretary for the State Department for Housing and Urban Development Charles Hinga has explained why Kenyans owners of the affordable housing units are barred from selling them.

Appearing before the National Assembly Committee on Delegated Legislation on Tuesday, June 4, 2024, Hinga said that the owners have been barred from selling their units to prevent the commercialization of affordable housing units.

Selling affordable housing units

MPs questioned PS Hinga about a clause in the regulations that prohibits owners of affordable housing units from disposing of their property.

"Why should a person be restricted from disposing of their unit? Shouldn’t they have the freedom to do anything they want with their house?" the Committee Vice Chairperson Robert Gichimu questioned.

Hinga, while defending the move, noted that the restriction period has been reduced to five years, based on practices in other jurisdictions.

During the session, the committee members suggested that thorough public participation should be conducted before the commencement of any project.

Principal Secretary for the State Department for Housing and Urban Development Charles Hinga appearing before the National Assembly Committee on Delegated Legislation on Tuesday, June 4, 2024. PHOTO/Parliament of Kenya/Facebook

The draft regulation mandates the affordable housing board to issue a two-week notice to the public, specifying the period for public participation.

This notice must also be published in two newspapers of national circulation and broadcast on one radio station that has wide coverage within the country.

However, committee members recommended that the board also utilize at least three local radio stations, social media, and other popular communication channels to ensure comprehensive public engagement.

Ruto on affordable housing

President William Ruto has been pushing the affordable housing project since ascending to power in September 2022, which will be his legacy project.

Ruto on Tuesday, March 19, 2024, assented to the Affordable Housing Bill, at a ceremony held at State House, Nairobi.

Kenyans were required to continue paying the housing levy with a 1.5 per cent tax from both the employer and the employee, from March after the bill was signed into law.

Speaking during the ceremony, Ruto thanked the courts for challenging the implementation of the Bill adding that some people had been left out and now have been included and will contribute to the fund.

The High Court had declared the housing levy unconstitutional before the Court of Appeal upheld the decision maintaining that the levy was introduced without a legal framework. 

The Bill also defines the role of County Governments in affordable housing and provides for the establishment of County Affordable Housing Committees to advise governors on affordable housing programs within their counties.

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