Senate votes in favour of the contentious Housing Levy Fund

The contentious Affordable Housing Bill was passed in the Senate as those in the majority overwhelmingly voted in favor of the proposed law.

During the third reading in the House that ran up to last night, a total of 27 senators voted in support of the Bill against the outnumbered 10 who opposed it with vehement arguments. 

The Bill seeks to have all Kenyans, both salaried and non-salaried, pay 1.5% of their monthly pay to the Affordable Housing Fund.

Most of those in the minority argued that the Bill had been ruled unconstitutional and should not be allowed immunity for implementation.

Homa Bay Senator Moses Kajwang questioned the merits and demerits of the Bill, noting that there might be grave ramifications if hurriedly passed.

A three-judge bench in 2023 barred the collection of the levy on grounds that it was discriminatory and a direct violation of Article 10 of the constitution of Kenya.

On January 26, 2024, the Court of Appeal upheld the High Court decision maintaining that the levy was introduced without a legal framework.

The bill will now be referred back to the National Assembly for concurrence before it is re-submitted to the President for final approval.

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