On Tuesday, the High Court upheld the Affordable Housing Act, 2024, ruling that it was properly enacted and aligned with the Constitution, allowing the government to proceed with its housing program.

This decision follows six legal challenges questioning the constitutionality of the housing levy. A three-judge bench, composed of Justices Olga Sewe, John Chigiti, and Josephine Mongare, found that sufficient public participation had been conducted and that due legal process was followed in establishing the fund.

The court's ruling addressed key issues raised by the petitioners, including concerns over public participation, potential violations of constitutional rights under Articles 27, 40, and 43, and whether the Act undermined devolution. The judges also ruled on whether the government improperly used public land for housing projects without involving the National Lands Commission (NLC).

This ruling follows the appointment of the three-judge bench by Chief Justice Martha Koome in March to handle the cases challenging the housing program. The decision deals a blow to many Kenyans who will now be required to contribute part of their salaries to the government's housing levy.