Nairobi Senator Edwin Sifuna has delivered a blistering critique of the government’s proposed Affordable Housing Regulations, warning that the framework is both procedurally illegal and vulnerable to political manipulation.
Speaking on the Senate floor during Thursday’s session, Sifuna argued that the regulations—intended to operationalize the contentious Affordable Housing Act, 2024—were tabled in clear breach of statutory and constitutional requirements.
Legal Concerns
Sifuna faulted the Ministry of Lands, Public Works, Housing and Urban Development for what he described as “short-circuited public participation and opaque drafting” of the regulations.
He cited provisions of the Statutory Instruments Act and Article 10 of the Constitution, which require robust public consultation and parliamentary scrutiny before any subsidiary legislation can take effect.
“The regulations are tainted with procedural illegality, as no meaningful stakeholder engagement has been conducted,” Sifuna said, warning that any attempt to enforce them without proper public participation would invite immediate legal challenge.
Political Interference
The Senator further expressed concern that the regulations—designed to guide the levy collection, allocation of housing units, and financing mechanisms—could become a tool for political patronage.
He warned that the framework risked being manipulated to favor politically connected developers and to marginalize low-income earners whom the policy is meant to benefit.
“There is a real danger that this process could be hijacked to reward allies and punish opponents. Affordable housing must not become a political weapon,” Sifuna said.
Heated Debate
Sifuna’s remarks ignited a lively and sometimes tense exchange across the chamber. Senators allied to the government defended the regulations as necessary to unlock stalled housing projects and argued that public participation had been adequately conducted through county forums.
Majority leaders insisted that the regulations were critical to meeting the administration’s ambitious plan to build 250,000 housing units annually, a flagship promise of President William Ruto’s economic agenda.
The Senate is expected to refer the regulations to the Committee on Delegated Legislation for detailed review.
Legal experts say the committee could recommend amendments or annulment if procedural flaws are confirmed.
The Affordable Housing programme, financed through a 1.5% monthly levy on employees and employers, has faced multiple court petitions and public protests since its inception.
A High Court ruling earlier this year upheld the levy’s constitutionality but directed that any implementing regulations must strictly adhere to constitutional standards.
As the debate continues, stakeholders in the housing sector—developers, financiers, and prospective homeowners—are watching closely.
The outcome could shape Kenya’s housing policy for years and determine whether the government meets its ambitious promise to close the country’s two-million-unit housing deficit.
