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 strong arguments, overwhelming 27 senators who voted in favor of it at the third reading in the House, which lasted until five minutes past 7:00 p.m.

“The ayes have it. The Senate therefore stands adjourned until tomorrow Wednesday at 9am,” said Deputy Speaker Kathuri Murungi.

All Kenyans, employed or not, would be required by the Bill to contribute 1.5% of their monthly income to the Affordable Housing Fund.

A large portion of the minority said 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 benefits and drawbacks, pointing up that if it is passed hastily, there might be dire consequences.

“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 enacted the Bill in a same manner thanks to the majority vote of Members of Parliament (MPs) on the majority side.

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 ruling of the High Court on January 26, 2024, holding that the charge was imposed without a valid legal basis.

Now, before being re-submitted to the President for final approval, the law will be sent back to the National Assembly for approval.