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LAWS OF KENYA
AFFORDABLE HOUSING ACT
NO. 2 OF 2024
- Published in Kenya Gazette Vol. CXXVI—No. 34 on 22 March 2024
- Assented to on 19 March 2024
- Commenced on 21 March 2024 by The Affordable Housing Act Commencement
- Note: 19th March 2024— Section 4 and 5
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Affordable Housing Act, 2024 and shall come into operation as follows—2. Interpretation
3. Objects and guiding principles
Part II – IMPOSITION OF AFFORDABLE HOUSING LEVY
4. Imposition of Levy
5. Obligation of an employer
6. Exemption from imposition of the Levy
The Cabinet Secretary for the time being responsible for the National Treasury may, on the recommendation of the Cabinet Secretary, provide, by notice in the Gazette, that—7. Default on payment of amount of Levy
Where an amount of the Levy remains unpaid after the date when it becomes due and payable by a person liable to remit the amount, a penalty equal to three per centum of the unpaid amount shall be due and payable for each month or part thereof that the amount remains unpaid and shall be summarily recovered as a civil debt for the person liable to remit the amount.Part III – ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND
8. Establishment of Fund
There is established a fund to be known as the Affordable Housing Fund which shall be vested in, and managed by, the Board.9. Sources of funds
10. Purpose of the Fund
11. Allocations out of the Fund
12. Investments by the Board
The Board may, with the approval of the Cabinet Secretary in charge of Treasury, invest any income that is not immediately required.13. Borrowing by the Board
The Board may, with the approval of the Cabinet Secretary in charge of Treasury, borrow funds for the advancement of the objectives of the Act.14. Five year affordable housing investment programme
15. Annual investment programme
16. Establishment of Board
17. Functions of the Board
18. Qualifications for appointment
19. Tenure of office
20. Filling of vacancy
Whenever the office of the Chairperson or a member becomes vacant before the expiry of the term of office, the appointing authority shall, on the recommendation of the nominating body, where applicable, appoint a person who holds a similar qualification to fill the vacant position for the remainder of the term.21. Conduct of affairs and business of the Board
22. Committees of the Board
23. Disclosure of interest
24. Remuneration of Board members
The Chairperson and the members of the Board shall be paid such sitting allowances or other remuneration for expenses as recommended by the Salaries and Remuneration Commission.25. Chief Executive Officer of the Board
26. Administrator of the Fund
27. Fund not to be overdrawn
The administrator of the Fund shall ensure that no bank accounts of the Fund are overdrawn.28. Administrative costs
The administrative costs of the Fund shall not exceed two percent of the latest audited financial statement of the Fund.29. Power of the administrator of the Fund to access information
The administrator of the Fund may access any programme and project related data that the Administrator considers necessary for the performance of their functions under this Act.30. Corporation Secretary
31. Staff of the Board
32. Delegation of powers
The Board may, by resolution generally or in any particular case, delegate to the administrator of the Fund, an officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of its functions under this Act or under any other written law.33. The common seal
Part IV – ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING
34. Establishment of County Rural and Urban Affordable Housing Committees
35. Qualifications for appointment
36. Tenure of office
37. Remuneration of the County Committee members
The Chairperson and the members of the County Committee shall be paid such sitting allowances or other remuneration for expenses as recommended by the Salaries and Remuneration Commission.38. Conduct of affairs and business of the County Committee
39. Functions of the County Committee
The County Committee shall—40. County legislation
Nothing in this Act shall preclude county governments from enacting legislation related to affordable housing in the counties.Part V – IMPLEMENTATION OF THE AFFORDABLE HOUSING
41. Allocation of land
42. Agreement with national government agency
43. Agreement for institutional housing
The Board may enter into an agreement with a public institution for—44. Agreement with private institutions and persons
45. Agreement for financing
46. Community support
In the development of affordable housing units, the Board shall—47. Priority of ownership for slum residents
The Board shall, where an affordable housing project is to be implemented on land on which exists a settlement,—Part VI – ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT
48. Eligibility criteria
49. Application for allocation of affordable housing unit
50. Off-taking of affordable housing units
51. Loan interest rate
The interest rate or administration fee for a loan issued under this Act, where applicable, shall be payable on a reducing balance at such rate as may be prescribed by the Cabinet Secretary.52. Voluntary savings
Part VII – OWNERSHIP OF AFFORDABLE HOUSING UNITS
53. Issuance of a certificate of ownership
54. Restrictions to owners of affordable housing unit
Except with the prior written consent of the Board, a purchaser of an affordable housing unit under this Act shall not by contract, agreement or otherwise, sell or agree to sell his or her unit or any interest therein to any other person.Part VIII – FINANCIAL PROVISIONS
55. Accounts and audit
Part IX – MISCELLANEOUS PROVISIONS
56. Misappropriation of funds of the Fund
57. Other offences
58. Protection from personal liability
No matter or thing done by any person under this Act shall, if the matter or thing is done in good faith and in accordance with the law, render that person personally liable to any action, claim or demand whatsoever.59. Regulations
60. Consequential amendment and transition
61. Revocation of affordable Housing Fund Regulations
History of this document
22 March 2024 this version
21 March 2024
Commenced by
The Affordable Housing Act Commencement
Note: 19th March 2024— Section 4 and 5
19 March 2024
Assented to
Cited documents 5
Act 5
1. | Kenya Revenue Authority Act | 1065 citations |
2. | Public Finance Management Act | 715 citations |
3. | Physical and Land Use Planning Act | 461 citations |
4. | Public Audit Act | 103 citations |
5. | Sectional Properties Act | 33 citations |
Documents citing this one 4
Gazette 4
1. | Kenya Gazette Vol. CXXVI-No. 33 | |
2. | Kenya Gazette Vol. CXXVI-No. 48 | |
3. | Kenya Gazette Vol. CXXVI-No. 50 | |
4. | Kenya Gazette Vol. CXXVI-No. 98 |