discriminating directly or indirectly against any person on any ground, including race, sex, pregnancy,
marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief,
culture, dress, language or birth.
116. To promote the right to accessible and adequate housing, the Government has among others: Taken
legislative, policy and other measures to guarantee the right of access to adequate housing, to ensure
security of tenure for all citizens, particularly for the vulnerable and marginalized; ensured housing is
provided within the framework of legal security of tenure, habitability, location, availability of utilities,
economic and physical accessibility as well as cultural acceptability; and ensured that if expropriation
takes place it is carried out in line with international human rights standards.
117. The Government has developed policies, legislation and regulations to safeguard constitutional rights
to housing: the National Housing Policy facilitates the provision of adequate, affordable and quality
housing in sustainable human settlements; the Draft National Prevention of Slums Upgrading Policy
provides for better housing particularly for youth and women. The Draft National Building and
Maintenance Policy contains extensive provisions to allow all Kenyans and more so PWD access to
better housing facilities. The policy ensures consistency approach to the maintenance of the built
environment to safeguard health, safety and environmental standards, convenience and comfort of
users.
118. The Kenya Vision 2030 has made provision with regard to housing by including it as one of its social
pillars. It has flagship projects which are; to produce 200,000 Housing Units Annually under Public
Private Partnerships (PPPs) and Other Initiatives; to establish Housing Technology Centres in Each
Constituency; to Install Physical and Social Infrastructure in Slums in 20 Urban Areas; to enact a
Housing law, to Legislate for a One-Stop Housing Development Approvals Mechanism; and lastly to
develop an Integrated Growth and Development Strategy for Six Metropolitan Regions.
119. In so far as legislation is concerned, a number of bills have been drafted to provide for better access to
housing: The Housing Bill, seeks to provide for the effective coordination, facilitation, capacity building
and monitoring of the housing and human settlement sector; The Built Environment Bill seeks to
manage the way buildings are constructed so as to ensure safety and quality.; the landlord and tenant
bill is under review by key stakeholders to address issues of evictions in housing and increase the
protection of tenants. The Persons with Disability Act, Cap 133, Laws of Kenya has also made provisions
with regard to housing by; establishing the National Council for Persons with Disabilities under section
3. Section 4(1)(c)(vi) requires that one of the members of the council should be a representative of the
Ministry of Housing. Section 6 establishes the Office of the Director of the Council with a mandate to
consult with Ministries and local authorities to secure the implementation of measures recommended
under the Act by the Council for the benefit of persons with disabilities.
120. Access to adequate housing remains a major challenge in Kenya. The majority of the residents in
Kenya’s largest urban centres, Nairobi, Mombasa, and Kisumu live in informal settlements. A number
of informal settlements also exist in forest and rural areas. These informal settlements are characterized
by low quality of housing with poor infrastructural services, overcrowding, inadequate access to water
or electricity, poor sanitary conditions, insecurity, lack of privacy and poor accessibility in times of
disasters. The Government has committed to ensure that this challenge is addressed through the
measures discussed above.
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