The State Department for Housing and Urban Development has maintained that the Central Organisation of Trade Unions (COTU) was involved in drafting the Affordable Housing Regulations.

Principal Secretary Charles Hinga has insisted that the workers’ umbrella body was indeed involved in the process.

In a statement, Hinga stated that the Affordable Housing Act, 2024 guarantees COTU a seat on the Affordable Housing Board, ensuring direct worker representation in the oversight and implementation of the programme.

“Indeed, COTU-K voluntarily forwarded a name to be its representative in formulation of the enabling regulations — a fact that has escaped the top leadership of the workers’ umbrella body,” Hinga stated.

Hinga defended the broader vision of the housing programme, explaining that modern, livable housing must include supporting infrastructure such as schools, health facilities, open spaces, and markets to function as complete communities.

“Modern housing is more than just shelter. It requires access to schools, health facilities, markets, open spaces, and other social amenities that support everyday life. These components are essential for creating safe, inclusive and economically vibrant neighbourhoods," Hinga said.

"This approach is supported by the housing and urban development policy frameworks, global standards and leading practice, and aligns with Kenya's commitments under SDG 11 and the New Urban Agenda," he reiterated.

The PS said the government remains open to dialogue with all stakeholders.

He said the government's mission is to deliver not just houses, but sustainable communities where all Kenyans can live with dignity.

The clarification follows a public dispute with COTU Secretary General Francis Atwoli, who has rejected claims that the union had any involvement in drafting the current regulatory framework governing the Affordable Housing Programme.

Atwoli had argued that had the union been consulted, it would not have supported the housing levy being redirected toward broader infrastructure development.

“As COTU, we are clear and unequivocal that there was no consultation,” Atwoli said earlier this week. “If there was any, we would never have agreed to the Affordable Housing Levy being used to build amenities and infrastructure already budgeted for within the National Budget.”

Atwoli went further to challenge the State Department to provide documentation proving COTU’s active participation.

“If indeed PS Hinga claims that COTU was involved, we challenge him to produce any written resolutions, minutes, or official correspondence from COTU’s Executive Board endorsing the drafting or content of the current regulations,” he stated.

At the heart of the disagreement is the concern that the Affordable Housing Levy, funded by Kenyan workers, could be diverted from its primary goal of financing decent housing and instead used for unrelated infrastructure like roads, markets, and dams.

“If this trend continues, the levy will be used for every other development project except what it was meant for: decent and affordable homes for workers,” Atwoli warned.