In a significant legislative achievement, the Senate passed the Affordable Housing Bill on Tuesday evening, advancing it to President William Ruto’s desk for final approval.
The Kenya Kwanza government secured a notable victory as the bill, despite facing significant opposition, garnered 27 votes in favor, with only 10 senators voting against it. Remarkably, there were no abstentions during the proceedings.
The breakthrough came after Senate Majority Leader Aaron Cheruiyot’s motion for the bill to undergo a third reading, ultimately securing its passage through the chamber.
Earlier, the bill encountered legal challenges, with the High Court in Kisumu intervening in the process. However, the court’s ruling absolved Parliament of any wrongdoing in conducting public participation regarding the bill, thereby clearing the path for the Senate’s consideration of the legislation without hindrance.
“The court’s ruling validates Parliament’s comprehensive approach to ensuring public participation,” noted Majority Leader Kimani Ichung’wah. “It underscores the importance of engaging with the public effectively in shaping legislation that affects their lives.”
The Affordable Housing Bill aims to formalize a 1.5 percent housing levy on both salaried and income-earning Kenyans, with the goal of generating funds for affordable housing initiatives nationwide. Despite facing contentious moments, including a mass walkout by opposition MPs, the bill had previously passed through the National Assembly.
In its ruling, the High Court stressed the crucial role of robust public participation in the legislative process, emphasizing its significance in prioritizing people-centered developments and legitimizing government actions.
Lawrence Omule Apiyo, acting as the petitioner in the court case, had challenged the adequacy of public participation in the bill’s formulation. However, the court ruled in favor of the National Assembly, affirming that effective and constitutionally compliant public engagement had been conducted.
“The court’s ruling confirms that the public had sufficient opportunity to contribute to the development of this legislation,” stated Apiyo. “While we may have had concerns about the process, it’s evident that the court has endorsed Parliament’s efforts in this regard.”
The Affordable Housing Bill will now be presented to President Ruto for his signature, after which it will become law.
