Chief Justice Martha Koome has constituted a three-judge bench of the High Court to hear and determine a case challenging the implementation of affordable housing levy.
The bench is composed of Lady Justice Olga Sewe, Justice Chigiti John Mugwimi and Lady Justice Mongare Josephine.
In the case, five petitioners led by Dr Magare Gikenyi Benjamin moved to court seeking conservatory orders blocking the implementation of the Affordable Housing Act which was signed into law by President William Ruto in March 2024.
According to the petitioners, the affordable Housing Act 2024, essentially tries to introduce communist ideologies yet, there is nowhere in the Constitution which allows the government to introduce communist ideologies.
They further argue that Kenya is not a communist state and the constitution does not envisage it.
Furthermore, they argued that the national government had taken over the housing function from county governments and that the law introduced “a shadowy entity, the ‘collector’ which collects funds,” instead of the Kenya Revenue Authority.
