Attorney-General Justin Muturi has faulted the National Assembly for considering the Affordable Housing Bill of 2023 without involving the Senate. The mandate of Attorney-General Justin Muturi (pictured) is to advise the government. Muturi said that housing is a devolved function, and the Senate must be involved despite the bill expressly exempting the Senate from its consideration. The AG, however, confirmed that his office was involved in drafting the must-have law that seeks to cure gaps highlighted by the High Court when it nullified the exercise. Already, the Joint Committee of Finance and Housing is at the tail end of processing its final report. What’s the role of Justin Muturi in gov’t Muturi, the government legal advisor, told parliament, that his office takes responsibility for the gaps on which the courts base their decisions in probing out the housing levy. “We take instructions from state departments; they tell us this is how they want it done. We tell them how to go about it. Then it goes to parliament for amendments, which is a very healthy democratic practice,” said Muturi. The AG further cautioned the National Assembly that the amendments to the Affordable Housing Bill of 2023 risk running into legal hurdles unless the bill gets concurrence from the Senate. “There is no harm in the bill being processed as it is being processed in the National Assembly, and then finally there will also be input from the Senate,” Muturi explained. Muturi also downplayed a possible clash between the national and county governments in the implementation of the affordable housing project, should it be enacted. “Any such overlap in the discharge of functions between the two levels of government may be addressed through an express provision in the Bill provided for consultation and cooperation where such arises,” the AG explained. The National Assembly will consider the report of the joint committees as soon as it resumes its sittings. What Housing Levy court decisions mean to Ruto In December 2023, the president vowed to ensure the affordable housing plan is fully implemented, despite the court terming the levy unconstitutional. He promised to deal with the naysayers using the corridors of justice to challenge the programme. In January 2024, Ruto maintained that the programmes under litigation are constitutional and were approved by the parliament and Kenyans who voted for the Kenya Kwanza administration.
by Dennis Lubanga