Africa-Press – Kenya. A UDA legislator has urged Speaker Moses Wetang’ula to recall the House from recess to pass the Affordable Housing Bill, 2023 after the court declared the housing levy unconstitutional.
Mbeere North MP Geoffrey Ruku has also sent a warning shot to contractors who have fired or are set to fire those working on the housing projects, following the court’s decision.
The legislator said contracts of such contractors, whom he termed Azimio sympathisers, would be terminated.
“It is also important for all contractors to know that in case you send away the fundis working on your site because of the court ruling, it will be deemed that you are working with Azimio,” Ruku said.
“We will engage the highest office on the land to terminate your contract, so we can have other contractors who will keep the work ongoing.”
The legislator spoke during a one-man press conference in Parliament on Wednesday.
“Parliament cannot afford to fail Kenyans, especially those employed by the project. The President entered a covenant with the people of Kenya and these houses have to be done as soon as possible. If it means calling MPs from recess to pass the Bill, let it be done,” he said.
“The fundis depend on this job and have to feed their families. By the court saying the levy is unconstitutional, it hasn’t said that the beneficiaries are unconstitutional. These contractors should be able to side with the beneficiaries of this programmes.”
The first-time MP hinted that government would appeal the High Court’s decision. Ruku urged Kenyans to leave the decision-making to the courts and focus on what is important, which is what the programme was doing to the economy through job creation.
Last week, the Court of Appeal declined two government applications seeking to suspend the November 28 High Court judgment that declared the housing levy unconstitutional pending the determination of an ongoing appeal.
A three-judge bench in a ruling delivered on Friday, argued the move safeguards public interest should the outcome of the appeal sustain the decision of the High Court.
“In our view, public interest lies in awaiting the determination of the appeal,” Justices Lydia Achode, John Mativo and Mwaniki Gachoka said.
“This is because if the stay sought is granted at this stage, should the appellate court affirm the impugned decision, then some far-reaching decisions that will have been undertaken according to the impugned laws may not be reversible,” the judges explained.
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