Big win for Ruto as Housing Bill sails through the Senate

During the third reading in the House that ran up to five minutes before 7:00 pm, a total of 27 senators voted in support of the Bill against the outnumbered 10 who opposed it with vehement arguments. 

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

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.

"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.

The Bill was passed in a similar fashion by the National Assembly on February 22, 2024, as most Members of Parliament (MPs) on the majority side voted in its favour.

The levy has been the subject of a stiff contention between the government, the courts, and citizens as many have questioned its legal framework.

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.