The State Law Office has raised concerns over potential clashes between the National and County Governments due to overlapping responsibilities, particularly in housing matters.
Attorney General Justin Muturi highlighted the constitutional provisions outlining the division of responsibilities, noting that while the National Government oversees housing policy, counties are tasked with planning and development, including housing projects.
Addressing a joint committee reviewing the Affordable Housing Bill on Wednesday, Muturi urged lawmakers to amend any areas of potential conflict, emphasizing the need for cooperation between the two levels of government where necessary.
“Any overlap in the discharge of the functions between the two levels of government may be addressed through an express provision in the bill providing for consultation and cooperation where such arises,” Muturi stated.
He emphasized that housing initiatives should benefit citizens across the country, regardless of jurisdiction, and suggested involving the Senate in the legislative process to ensure comprehensive consensus.
“The houses are not being developed for one level of government to the exclusion of the other. The people live in all parts of the country including the 47 counties,” he added.
Muturi also cautioned that failure to involve the Senate could lead to legal challenges against the Affordable Housing Bill, stressing the importance of addressing county concerns in the legislation.
“I think we will be cheating ourselves to say the Bill doesn’t concern counties. There’s no harm that the bill is being processed by the National Assembly but finally, there should be an input from the Senate,” Muturi said.
Regarding the privatization of public land for housing projects, Muturi clarified that existing laws, such as the Land Act, adequately regulate land leases and licensing, minimizing the need for additional provisions in the Affordable Housing Bill.
“The provisions for the management of affordable housing units developed for the public are adequately provided for in the Land Act and need not be replicated in the Affordable Housing Bill,” he noted.
On Tuesday, National Land Commission (NLC) Chairperson Gershom Otachi acknowledged gaps in the acquisition of county-owned land for the Affordable Housing Programme, raising questions about the allocation and ownership of properties developed on county land.
Otachi committed to proposing a framework to reconcile the relationship between national and county governments, emphasizing the need for clarity on land ownership and benefits for counties contributing to housing projects.
“What happens when county development land has been donated for affordable housing when this fund that is being set up is being used by the national government?” Otachi posed.
Lawmakers echoed concerns about the transfer of properties built on county land, emphasizing the importance of addressing these issues to prevent conflicts between government levels.
NLC has pledged to work on solutions to ensure equitable outcomes for both national and county governments in housing initiatives, underscoring the complexities of intergovernmental relations in land and housing development.
“The provisions for the management of affordable housing units developed for the public are adequately provided for in the Land Act and need not be replicated in the Affordable Housing Bill,” he noted.
On Tuesday, National Land Commission (NLC) Chairperson Gershom Otachi acknowledged gaps in the acquisition of county-owned land for the Affordable Housing Programme, raising questions about the allocation and ownership of properties developed on county land.
Otachi committed to proposing a framework to reconcile the relationship between national and county governments, emphasizing the need for clarity on land ownership and benefits for counties contributing to housing projects.
“What happens when county development land has been donated for affordable housing when this fund that is being set up is being used by the national government?” Otachi posed.
Lawmakers echoed concerns about the transfer of properties built on county land, emphasizing the importance of addressing these issues to prevent conflicts between government levels.
NLC has pledged to work on solutions to ensure equitable outcomes for both national and county governments in housing initiatives, underscoring the complexities of intergovernmental relations in land and housing development.
