Kenya – The Court Orders Six Tax House Cases to Be Heard, Directs Six Judges to Listen to All.
Six cases challenging the affordable housing project promoted by President William Ruto will now be heard by more than three judges.
This comes after the court dismissed the government’s request to throw out the cases.
The government, through the Ministry of Land, National Treasury, and the Attorney General, had filed an application seeking to have the cases dismissed. They argued that the cases, brought by various individuals and groups, were improperly filed and did not specifically quote which rights had been violated.
However, Judge Chacha Mwita in his ruling dismissed this request and ordered that the six cases be consolidated and heard together. The judge referred the matter to Chief Justice Martha Koome to appoint a panel of seven judges to hear and decide on the cases.
Judge Mwita agreed with the plaintiffs that the issues raised relate to the legal validity of the housing scheme and therefore deserve to be heard by more than one judge.
“There are claims that the Kenyan Constitution has been violated in some of the arguments presented. These are weighty issues including the fact that the scheme should be run by county governments or the national government,” said Judge Mwita.
The judge added that the court has the authority to hear and decide on cases brought contrary to claims made by government agencies. These agencies had argued that the case should be heard and decided by the Environmental and Land Court because it concerns housing and land issues.
The six cases were filed on different dates after President William Ruto signed the Affordable Housing Act 2024 following its passage by parliament.
The plaintiffs in these six cases include Busia Senator Okiya Omtata, citizens Moses Nthurima, Pauline Nduta, Philemon Abuga, Jamlick Otondi, and Shalom Kaka.
Others are Benjamin Magare, a doctor from Nakuru, the Human Rights Commission, and the Constitution Institute. They sued the ministries of land, finance, the Attorney General, the national parliament, and the Senate.
Another case recently filed by Peter Okiro was transferred to Nakuru. Mr. Okiro on March 25 stated that the law was illegal and unconstitutional.
Through his lawyer Kipkoech Ng’etich, Mr. Okiro argued that the law’s provisions compelling Kenyans to contribute to the project violate their property rights.
“The government has buried the constitution in the grave of forgetfulness and is misusing parliament to pass laws that harm Kenyans,” said Mr. Okiro.
All consolidated cases will be heard on May 16.
