Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli has refuted claims made by the Principal Secretary for Housing and Urban Development, Charles Hinga. alleging that the union was involved in drafting the regulations that manage the Affordable Housing scheme. 

In a statement, Atwoli tasked Hinga to produce evidence that shows COTU was involved in approving the Affordable Housing Act, adding that at no point did the union's Executive Board hold a meeting to deliberate such regulations. 

Atwoli further criticised the government, accusing it of diverting the Affordable Housing levy to fund the construction of other infrastructure such as markets. 

"As COTU (K) we have never been consulted, either formally or informally, in the development, review. approval of the current Affordable Housing Regulations. In fact, at no point did the Executive Board of COTU (K), which is the legally mandated organ responsible for such organizational decisions, sit to deliberate or resolve to support the said regulations," he said. 

"If indeed PS Hinga claims that COTU (K) was involved, we challenge him to produce ANY written resolutions, minutes, or official correspondence from COTU (K)'s Executive Board endorsing the drafting or content of the current regulations. If anything, we have NEVER received any communication from the Affordable Housing Board or from PS Hinga inviting COTU (K) to give their views on the regulations."

He also reaffirmed that Bro Emest Nadome, COTU's representative on the Affordable Housing Fund Board, could not act on behalf of the entire trade union without express approval from the Board. 

"It is dangerous, and frankly dishonest, to equate the presence of one individual on a board to the institutional position of COTU (K). Furthermore, and for the record, Bro. Nadome has already informed the leadership of COTU (K) that in deed and in fact, We as COTU (K), were not consulted in approval of the said regulations. The PS should, therefore, stop misleading the Kenyan workers," he added. 

The COTU SG appealed to President William Ruto to intervene on the matter and ensure the Affordable Housing levy solely remains for constructing homes for Kenyans. 

"Under the Affordable Housing Regulations, housing levy funds may now, erroneously, be used to construct health facilities, pre-primary education centres, basic education centers, fire stations, police posts, social halls, markets, and open spaces, under the guise of associated social infrastructure," Atwoli highlighted. 

In a rejoinder, PS Hinga accused COTU of misleading Kenyans, citing that they were part of the team that drafted the law providing for both houses and supporting amenities.

“COTU was represented in person in committees that formulated this Act and regulations. Even in 2018, the Act clearly said — houses, plus social and physical infrastructure that make settlements work,” said the PS.

The dispute arose after President Ruto's recent statement in which he revealed that the housing levy would be used to build markets across the country, alongside affordable housing projects.

“We are using the housing money to build 260 markets across the country,” Ruto said.