In a significant victory for proponents of the Affordable Housing Bill, the Senate approved the legislation with a substantial majority, marking a pivotal moment in its journey through the legislative process.
As the clock ticked towards 7:00 pm during the third reading session, 27 senators cast their votes in support of the bill, while 10 opposed it vehemently.
With Deputy Speaker Kathuri Murungi’s announcement, the fate of the bill was sealed for the day.
“The ayes have it. The Senate therefore stands adjourned until tomorrow Wednesday at 9 am,” declared Deputy Speaker Kathuri Murungi.
At the heart of the bill is a provision that mandates all Kenyan citizens, regardless of their employment status, to contribute 1.5% of their monthly income to the Affordable Housing Fund.
Opposition to the bill was fierce among some senators, who contended its constitutionality and argued against granting it immunity for implementation.
Senator Moses Kajwang of Homa Bay raised questions about the bill’s long-term implications, emphasizing the need for thorough consideration before its passage.
“Is this an act that is going to serve us for the next year or one that will serve us for the next 100 years? What time frame are we legislating on?” he queried.
The bill had previously cleared the National Assembly on February 22, 2024, with a similar wave of majority support from Members of Parliament.
However, the legislation has faced significant legal challenges, with debates surrounding its conformity to the Constitution and existing legal frameworks.
In 2023, a three-judge bench had halted the levy’s collection, citing concerns of discrimination and violations of constitutional principles.
The Court of Appeal upheld this decision on January 26, 2024, asserting that the levy lacked a proper legal foundation.
The bill’s journey is far from over, as it now awaits concurrence from the National Assembly before reaching the President’s desk for final approval.