- The Committee has proposed to change the Bill's title to the Rural and Urban Affordable Housing Act.
- Last week the High Court dismissed a petition challenging the Affordable Housing Bill, 2023 saying there was adequate public participation before the Bill was passed.
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The Senate will Tuesday afternoon consider the Affordable Housing Bill, 2024 at the Third Reading stage also known as the Committee of the Whole House.
The Bill is a proposed legislation seeking to introduce a mandatory levy for one of President William Ruto's most significant pet projects.
The Bill which is coming up for the lawmaking stage where amendments can be considered, is likely to see a raft of proposed amendments considered.
This is likely to tinker with the original Bill that was passed by the National Assembly.
One of the amendments lined up by the Committee on Roads, Transportation, and Housing includes changing the title to the Rural and Urban Affordable Housing Act.
“That the Bill be amended by deleting the words “Affordable Housing Act,2024” appearing immediately after the words “cited as the” and replacing therefor the following new words “Rural and Urban Affordable Housing Act, 2024,’’ reads the proposed amendment on the order paper.
The Bill which seeks to impose a 1.5 per cent levy on Kenyan’s Gross Income, was approved in the National Assembly with 141 lawmakers approving it at the Third Reading as opposed to 58.
At the National Assembly, Kenya Kwanza lawmakers managed to reintroduce a key provision requiring occupants to pay a deposit for housing units, a move aimed at bolstering the viability of the program.
This was in response to concerns raised during public participation.
Amendments to the Bill granted the Treasury Cabinet Secretary discretion to determine the deposit requirement, hence addressing some stakeholders’ apprehensions.
The National Assembly’s approval followed the reintroduction of the Bill after the High Court quashed section 84 of the Finance Act, 2023 which introduced the Affordable Housing Levy for lack of a legal framework.
Last week the High Court dismissed a petition challenging the Affordable Housing Bill, 2023 saying there was adequate public participation before the Bill was passed.
Lawrence Omule Apiyo, a petitioner, moved to court last year saying the process was rushed without meaningful and adequate public participation.
Parliament passed the Bill last month, which was re-introduced after
“This court concurs with the respondents on their position that the petition herein breached the principle of ripeness as the petitioner presumed that the 3rd respondent intended to conduct public participation through one mode, which is through submission of memoranda when he filed this petition,” Justice Mwanaisha Sharrif said.