Affordable Housing Bill Passed By Senate
27 senators voted in favour of the bill while 10 opposed it, with no abstentions recorded during the proceedings.
Marvin Chege 
The Senate has passed the Affordable Housing Bill 2023, leaving only President William Ruto to assent it into law.
On Tuesday, March 12, the Senators voted in majority in favour of the bill which has faced sharp opposition from all quarters, particularly from lawmakers in the opposition camp.
27 senators voted in favour of the bill while 10 opposed it, with no abstentions recorded during the proceedings.
Senate Majority Leader Aaron Cheruiyot had moved that the legislation be read for a third time, which had ultimately enabled the bill to pass through the second Chamber of Parliament.
President William Ruto overseeing the laying of the foundation of an affordable house in Murang'a on February 14, 2024. /PCS
The Senate was supposed to consider the bill for concurrence given that certain components of the proposed amendments pertain to the jurisdiction of county governments.
This is after Members of Parliament in the National Assembly passed the Bill on its Third Reading on Wednesday, February 21 with amendments by a simple majority.
On February 20, the Bill, championed by Majority Leader Kimani Ichung'wah, sailed through the Second Reading, advancing to the committee of the whole house stage following the endorsement of 141 MPs, while 58 lawmakers opposed it.
Moving to the Committee of the Whole House stage permits lawmakers to propose amendments to the original bill before its final approval during the Third Reading.
The bill was tabled in the August House despite a court order that deemed it unconstitutional.
Before the Senate consideration, the High Court in Kisumu allowed Parliament consisting of the National Assembly and the Senate to continue debating the Affordable Housing Bill after it threw out a petition challenging its procession.
Lawrence Omule Apiyo acting as the petitioner had opposed the Bill arguing that it had not been subjected to satisfactory public participation before it was tabled to Parliament for debate.
"The third respondent (National Assembly) cannot be faulted for the manner in which it has conducted public participation in respect of the Affordable Housing Bill No 75 of 2023," the judgement read in part.
The petitioner had listed the Attorney General, the Cabinet Secretary for Lands and the National Assembly as respondents in the case.
Justice Mwanaisha Sharif noted that public hearings and consultations with stakeholders and experts were concluded on January 30, 2024, and the Affordable Housing Bill had already undergone a second reading before Parliament and it was endorsed by Members of Parliament (MP).
The judge added that public participation conducted by Parliament was effective and constitutionally compliant, further stating that the Bill will provide a legal framework upon which the government will implement the Affordable Housing Levy and that the clerk of the National Assembly invited stakeholders and technical experts on January 12, 2024, and there were public hearings in 20 counties.
The Affordable Housing Bill seeks to formalize a 1.5 per cent housing levy on both salaried and income-earning Kenyans. This levy aims to generate funds for affordable housing initiatives nationwide.
