The number of cases filed challenging the legality and implementation of the Affordable Housing Act continues to rise.
At least seven petitions have been filed at the High Court in Nakuru and Nairobi. The latest to be filed is a petition by Nakuru-based lawyer Peter Okiro.
Okiro through lawyer Kipkoech Ng’etich challenges various sections of the Act claiming they are unconstitutional.
Further, Okiro noted that the two sections violate the Constitution as they affect remuneration and benefits of judges and other employees.
He argued that Sections 16, 17 and 26 of the Affordable Housing Act, violate the provisions of Articles 207 (1) and the Fourth Schedule of the Constitution on the distribution of functions between the National and county governments by excluding the devolved units from collecting the affordable housing levy.
