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Attorney General Justin Muturi threw his weight behind the Affordable Housing Bill saying it conforms to the Constitution as well as addresses all the issues raised by the courts when it declared the housing levy unconstitutional.

He said that the bill seeks to establish a legal framework for affordable housing and management of the funds collected from Kenyans as well as the certainty of the law in terms of good governance, transparency and accountability.

He denied claims that the levy is discriminatory saying that the bill has imposed the payment of the levy to both salaried and non-salaried persons.

Public participation

He said: “By proposing to enact the Bill, therefore, the Government is responding to the ruling of the court by establishing a legal framework for affordable housing and management of the funds to be collected under the proposed law.

The bill further addresses the certainty of the law in terms of good governance, transparency and accountability as envisaged under Article 10(2)(a) and (c) of the Constitution. To this end, we are of the view that the draft bill comprehensively addresses all the three issues raised by the honorable Court.”

Appearing before the joint committees on Finance and Planning and that of Housing, Muturi, however, told the MPs to make amendments to the bill to deal with various clauses that the members of the public have claimed were contentious and unclear even as he dismissed reports that his office was never consulted during the drafting of the bills.

Fred Mwachi, an officer at the AG’s office who deals with the drafting of the bills said: “Let me confirm that we are involved in the drafting of the bill from the word go. Lawmaking is a process and not an event and because we have no monopoly of ideas, we are bound to make changes to any law.”

Public participation

Among the issues that should be dealt with include the mode of financing of the bill where members of the public are demanding that the levy should be turned into a fund so that those not interested in acquiring the houses can be given back their money, protection of the poor from being taken advantage of by the rich as well as equal treatment of all Kenyans in the distribution of the housing units.

Muturi said that it is up to the MPs to make a choice on how they want the bill to turn into once debate on it commences when the House resumes sittings next week.

MPs present led by the Housing committee chairperson Johanna Ng’eno sought to know what measures his office has put in place to protect Kenyans from exploitation.

The Emurwa Dikirr lawmaker sought to know whether the financing model can be changed to make it easier to work with it so that Kenyans not interested in the housing units can be given back their monies.

Turkana South MP John Ariko sought to know whether his office is consulted whenever such major decisions are being crafted.