On Tuesday, the Senate passed the controversial Affordable Housing Bill with a resounding majority vote in favor of the proposed legislation.
Ten senators opposed the Bill with solid arguments, outnumbered 27 senators who voted in favor of it during the third reading in the House, which lasted until five minutes before 7:00 p.m.
"The yes people win. As a result, the Senate is suspended until Wednesday at 9:00 a.m., according to Deputy Speaker Kathuri Murungi.
The Bill requires all Kenyans, paid or unpaid, to contribute 1.5% of their monthly income to the Affordable Housing Fund.
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The majority of the minority claimed that since the Bill had been declared unconstitutional, it should not be granted implementation immunity.
Senator Moses Kajwang of Homa Bay questioned the Bill's drawbacks, pointing out that if it is passed hastily, dire consequences could result.
"Is this an act that is going to serve us for the next one year or one that will serve us for the next 100 years. What time frame are we legislating on?" he posed.
On February 22, 2024, the National Assembly similarly passed the Bill thanks to the majority vote of Members of Parliament (MPs) on the majority side.
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Many have questioned the levy's legal basis, which has led to a contentious relationship between the government, the courts, and the public.
A three-judge panel prohibited the levy's collection in 2023, citing it as discriminatory and a clear breach of Kenya's constitution's Article 10.
The Court of Appeal affirmed the High Court's ruling on January 26, 2024, holding that the levy was imposed without a valid legal basis.
All that remains is for the Speakers of the National Assembly (Moses Wetangula) and Senate (Amason Kingi) to resubmit the passed Bill to President William Ruto for ratification.
