The contentious Affordable Housing Bill was on Tuesday passed in the Senate as those in the majority overwhelmingly voted in favour of the proposed law.
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 requires all Kenyans, paid or unpaid, to contribute 1.5% of their monthly income to the Affordable Housing Fund.
The majority of the minority claimed 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 drawbacks, pointing out that if it is passed hastily, dire consequences could result.
"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 similarly passed the Bill 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 High Court's ruling on January 26, 2024, holding that the levy was imposed without a valid legal basis.
All that remains is for the Speakers of the National Assembly (Moses Wetangula) and Senate (Amason Kingi) to resubmit the passed Bill to President William Ruto for ratification.