Housing and Urban Development Principal Secretary Charles Hinga has dismissed concerns raised by the Central Organisation of Trade Unions (COTU) over the Affordable Housing Regulations, insisting that the union has been part of the process from the beginning.

In a press statement issued on Saturday, PS Hinga clarified what he termed as misinformation, saying the inclusion of social and physical infrastructure in the housing program is not a loophole, but a legal requirement under the Affordable Housing Act, 2024.

He noted that the modern approach to housing goes beyond shelter and includes essential services such as schools, health facilities, markets, and open spaces to support community life.

“The Affordable Housing Act, 2024, clearly provides for the design, development, and maintenance of affordable housing alongside associated social and physical infrastructure,” said PS Hinga.`

“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."

The PS said COTU was not sidelined in the process, and in fact had representation throughout the formulation of the law and regulations through its own nominee, Earnest Nadome, as referenced in a letter dated March 25, 202 submitted by Secretary General Francis Atwoli.

“Moreover, the Act guarantees COTU a seat on the Affordable Housing Board, ensuring worker representation in oversight and implementation,” PS Hinga added.

“Indeed, COTU-K voluntarily forwarded Mr. Earnest Nadome's name to be its representative in the formulation of the enabling regulations, a fact that has escaped the top leadership of the Workers’ umbrella body."

The PS subsequently maintained that the Affordable Housing programme remains committed to delivering 250,000 units annually in well-planned communities that promote cohesion, reduce transport costs, and improve the lives of workers and their families.

Concerning the union's issue with the recent revelation by President William Ruto that the levy would be used to construct markets alongside housing across the country, Hinga said such provisions were clearly spelt out in both the Act and regulations, even dating back to 2018.

COTU had earlier this week stated: “Under the Affordable Housing Regulations, housing levy funds may now, erroneously, be used to construct health facilities, pre-primary education centres, basic education centres, fire stations, police posts, social halls, markets, and open spaces, under the guise of associated social infrastructure.”

PS Hinga however retorted: “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."

The clarification follows strong remarks by Atwoli, who earlier in the day challenged PS Hinga to produce evidence showing the union supported the drafting or approval of the regulations.

Atwoli claimed that at no time did the COTU Executive Board sit to deliberate or approve the current housing rules, and accused the government of misusing the levy.

“As COTU (K), we have never been consulted, either formally or informally, in the development, review, or approval of the current Affordable Housing Regulations,” said Atwoli.

“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.”

Atwoli further noted that the presence of COTU’s representative on the Housing Board does not equate to the union’s formal support.

“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 indeed and in fact, we as COTU (K) were not consulted in the approval of the said regulations," he stated.