𝗠𝗼𝗻𝗱𝗮𝘆, 𝗠𝗮𝗿𝗰𝗵 𝟰, 𝟮𝟬𝟮𝟯

The National Assembly undertook an effective and constitutionally compliant public participation on the Affordable Housing Bill, 2023, the High Court has ruled.

This verdict was delivered by Justice Mwanaisha Saida Shariff sitting at the High Court in Kisumu, in a petition where one Mr. Lawrence Omule Apiyo had sued the National Assembly 

alongside the office of the Attorney General and the Cabinet Secretary for Lands, Public Works, Housing and Urban Settlement regarding public participation on the Bill.

In her ruling, Justice Mwanaisha noted that the National Assembly had adduced sufficient evidence to prove that there had been public participation beyond the submission of written memoranda on the Bill.

The Petitioner had accused the National Assembly of restricting public participation on the Affordable Housing Bill, 2023 (National Assembly Bill No. 75 of 2023) to only submission of memoranda, which he argued was not inclusive. 

“This court takes judicial notice of the fact that public hearings and consultations with stakeholders and experts concluded on 30th January 2024, and the Affordable Housing Bill has already undergone a second reading before the 3rd Respondent (National Assembly), with a vote being taken in favour,” ruled Justice Mwanaisha.

Mr. Apiyo, had filed the petition on 15th December, 2023; less than a week after the Clerk of the National Assembly, Mr. Samuel Njoroge put out a notice inviting members of the public to submit written memoranda on the Bill, which had been committed by the House to the Departmental Committee on Housing, Urban Planning and Public Works as well as that on Finance and National Planning. 

During the hearing of the petition, the National Assembly told the Court that submission of memoranda was just one of the methods that were to be employed in undertaking public participation.

Prior to the passage of the Bill in the House, the two Departmental Committees undertook physical public meetings with residents in at least 20 counties, and subsequently met several stakeholders on the emerging and fresh issues on the proposed law.

In the Judgement, Justice Mwanaisha concurred with the National Assembly that the said petition, therefore “breached the principle of ripeness as the petitioner presumed the 3rd respondent (National Assembly), intended to conduct public participation through one mode, that is through submission of memoranda when he filed this petition.”

“On the balance this petition is devoid of merit and the same is hereby dismissed,” ruled the Judge.

Justice Mwanaisha directed that each of the parties in the petition bear their own costs as this was a public interest matter.