A petition has been lodged challenging the newly enacted Affordable Housing Act of 2024, signed into law by President William Ruto on Tuesday.
Benjamin Magare, a doctor from Nakuru, along with Pauline Kinyanjui, Philemon Nyakundi, Shallum Nyakundi, and Jamlick Orina, all residents of Nakuru, have taken the matter to court, opposing the law on the basis that it attempts to introduce communist ideologies.
According to the petitioners, the Affordable Housing Act 2024 seeks to introduce communist ideologies, which is not permissible under the Kenyan constitution. They argue that Kenya is not a communist state, and such ideologies are not envisioned within the constitution.
This controversial bill received approval from both the Senate and the National Assembly last week, allowing for the reinstatement of housing levy deductions.
Communism is described as a socialist ideology that advocates for common ownership of resources and distribution based on societal need. It typically involves one-party rule, rejection of private property and capitalism, state control of economic activities and media, restrictions on religious freedom, and suppression of opposition.
The petitioners further contend that the national government has usurped the housing function from county governments, introducing a “collector” entity to gather funds instead of utilizing the Kenya Revenue Authority.
In their urgent filing, they accuse the government of breaching the constitution regarding the distribution of responsibilities between national and county governments, imposing a tax without a sound legal framework, and disregarding the results of public participation.
“The Affordable Housing Act has proceeded to impose a levy which was rejected by the majority during public participation, hence rendering public participation a mere formality and a waste of public resources,” stated the court documents.
