Kenya Act or statute

Parliament of Kenya

Affordable Housing Act, 2024

Jurisdiction: Kenya
Structure: 61 provisions
Citation: Act No. 2 of 2024
Dates: As at 22 Mar 2024

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Dates: As at 22 Mar 2024

Source attribution: Source: Kenya Law

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“Short title: Section on the date of assent, section 4 and 5”

Short title: Section on the date of assent, section 4 and 5 Provides definitions for terms used in the Act (for example: agency, Fund, Levy, affordable housing) and sets income-based categories of housing (social, affordable, middle-class, rural) with specified monthly-income thresholds. Section 3 states its objects and guiding principles: (1)(a) to give effect to Article 43(1)(b) (the right to accessible and adequate housing and reasonable standards of sanitation); (1)(b) to impose a levy to facilitate provision of affordable and institutional housing; (1)(c) to provide a legal framework for implementing affordable housing programmes and projects and institutional housing; and (2)(a)-(c) to reflect national values and principles of governance, public finance and public service under Articles 10(2)(b), 201 and 232 of the Constitution. Imposes an Affordable Housing Levy which is payable to the collector for remittance into the Fund not later than the ninth working day after the end of the month in which the gross salary was due or gross income was received or accrued. Employers must deduct from employees' gross salary the amount referred to in section 4(2)(a) and remit an equivalent amount to the collector; persons who comply with section 5 are not liable to pay the levy under section 4(2)(b).

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PRELIMINARY - 1. Short title

Short title: Section on the date of assent, section 4 and 5

Section 1

ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 18. Qualifications for appointment

Section 18

ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 33. The common seal

The section says the Board's common seal must be kept in custody as the Board directs, and the seal is not to be used except by order of the Board; when duly authenticated on a document it will be judicially and officially noticed and orders or authorisations…

Section 33

MISCELLANEOUS PROVISIONS - 61. Revocation of affordable HousingFundRegulations

The National Housing Corporation must account for and record contributions made under the Housing Fund Regulations, 2018; the Fund administrator must notify contributors and create an account for each contributor.

Section 61

FINANCIAL PROVISIONS - 55. Accounts and audit

The administrator of the Fund must ensure proper books and records of account are kept for the Fund's income, expenditure and assets.

Section 55

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Showing 61 of 61 provisions

Provision 45Offence 7Commencement 5Amendment 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

Short title: Section on the date of assent, section 4 and 5

Section 1. Short title Section on the date of assent, section 4 and 5 ;

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Provides definitions for terms used in the Act (for example: agency, Fund, Levy, affordable housing) and sets income-based categories of housing (social, affordable, middle-class, rural) with specified monthly-income thresholds.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— “agency” means an institution allocated monies for affordable housing under section 11 ; “administrator of the Fund” means the person designated as the administrator of the Fund under section 26 (1); “affordable housing” means housing that is adequate and costs not more than thirty percent of the income of a person per month to rent or acquire; “affordable housing scheme” means the construction of affordable housing units including such other social amenity, infrastructure or services and the acquisition, laying out, subdivision and the development of land comprised within the area of the scheme necessary for social welfare and trading; “Board” means the Affordable Housing Board established under section 16 ; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to affordable housing ; “Chief Executive Officer” means the person appointed as such under section 25 ; “collector” means the Commissioner-General of the Kenya Revenue Authority, appointed under section 11(1) of the Kenya Revenue Authority Act ( Cap. 469 ); “County Committee” means the County Affordable Housing Committee established under Part IV of this Act; “Fund” means the Affordable Housing Fund established under section 8 ; “institutional housing” means housing that is adequate and affordable for public institutions such as universities, colleges, police, defence forces, government pool housing and prisons; and “Levy” means the Affordable Housing Levy imposed under section 4 . Section 2(2)(a) a social housing unit means a house targeted to a person whose monthly income is below twenty thousand shillings; Section 2(2)(b) an affordable housing unit means a house targeted at a person whose monthly income is between twenty thousand and one hundred and forty-nine thousand shillings; Section 2(2)(c) affordable middle class housing unit means middle to high income housing targeted at persons whose monthly income is over one hundred and fortynine thousand shillings; or Section 2(2)(d) rural affordable housing unit means a house under section 42 targeted at a person living in any area which is not an urban area.

Section 2Verify source

§ 3PRELIMINARY - 3. Objects and guiding principlesProvision

Section 3 states its objects and guiding principles: (1)(a) to give effect to Article 43(1)(b) (the right to accessible and adequate housing and reasonable standards of sanitation); (1)(b) to impose a levy to facilitate provision of affordable and institutional housing; (1)(c) to provide a legal framework for implementing affordable housing programmes and projects and institutional housing; and (2)(a)-(c) to reflect national values and principles of governance, public finance and public service under Articles 10(2)(b), 201 and 232 of the Constitution.

Section 3. Objects and guiding principles Section 3(1)(a) give effect to Article 43(1)(b) of the Constitution on the right to accessible and adequate housing and to reasonable standards of sanitation; Section 3(1)(b) impose a levy to facilitate the provision of affordable housing and institutional housing ; and Section 3(1)(c) provide a legal framework for the implementation of the affordable housing programmes and projects and institutional housing . Section 3(2)(a) the national values and principles of governance under Article 10(2)(b) of the Constitution; Section 3(2)(b) the principles of public finance under Article 201 of the Constitution; and Section 3(2)(c) the values and principles of public service under Article 232 of the Constitution.

Section 3Verify source

Part II

IMPOSITION OF AFFORDABLE HOUSING LEVY

§ 4IMPOSITION OF AFFORDABLE HOUSING LEVY - 4. Imposition ofLevyProvision

Imposes an Affordable Housing Levy which is payable to the collector for remittance into the Fund not later than the ninth working day after the end of the month in which the gross salary was due or gross income was received or accrued.

Section 4. Imposition ofLevy Section 4(1) There is imposed a levy known as the Affordable Housing Levy . Section 4(2)(a) the gross salary of an employee; or Section 4(2)(b) the gross income of a person received or accrued which is not subject to the Levy under paragraph (a). Section 4(3) The Levy shall be payable to the collector , for remittance into the Fund , not later than the ninth working day after the end of the month in which the gross salary was due or gross income was received or accrued.

Section 4Verify source

§ 5IMPOSITION OF AFFORDABLE HOUSING LEVY - 5. Obligation of an employerProvision

Employers must deduct from employees' gross salary the amount referred to in section 4(2)(a) and remit an equivalent amount to the collector; persons who comply with section 5 are not liable to pay the levy under section 4(2)(b).

Section 5. Obligation of an employer Section 5(1)(a) deduct and remit the amount referred to in section 4 (2)(a) from the gross salary of an employee; and Section 5(1)(b) remit an amount equivalent to the amount deducted under section 4 (2)(a), to the collector. Section 5(2) Without prejudice to the generality of section 6 , any person who complies with the provisions of section 5 shall not be liable to pay the levy under section 4 (2) (b).

Section 5Verify source

§ 6IMPOSITION OF AFFORDABLE HOUSING LEVY - 6. Exemption from imposition of theLevyProvision

Section 6: Exemption from imposition of the Levy

Section 6. Exemption from imposition of theLevy Section any income or class of income; or

Section 6Verify source

§ 7IMPOSITION OF AFFORDABLE HOUSING LEVY - 7. Default on payment of amount ofLevyOffence

If a person required to remit the Levy does not pay when due, they must pay a penalty equal to three per cent of the unpaid amount for each month (or part) it remains unpaid.

Section 7. Default on payment of amount ofLevy Section 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.

Section 7Verify source

Part III

ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND

§ 10ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 10. Purpose of theFundProvision

The purpose of the Fund is to provide funds for the design, development and maintenance of affordable housing, institutional housing and associated social and physical infrastructure, and to facilitate related funding and services.

Section 10. Purpose of theFund Section 10(1) The purpose of the Fund shall be to provide funds for the design, development and maintenance of affordable housing , institutional housing and associated social and physical infrastructure. Section 10(2)(a) facilitate the provision of funds for affordable housing and affordable housing schemes in the promotion of home ownership; Section 10(2)(b) provide low interest loans or low monthly payment home loans, where applicable for the acquisition of affordable housing units within the approved affordable housing schemes; Section 10(2)(c) facilitate design, development and maintenance of affordable housing schemes in all counties; Section 10(2)(d) facilitate development of institutional housing units; Section 10(2)(e) develop long term finance solutions for the development and off-take of affordable housing ; Section 10(2)(f) provide funds for maintenance of any land or building, estate or interest therein, for any of the purposes of the Fund ; Section 10(2)(g) fund any other activities incidental to the furtherance of the objects of the Fund ; and Section 10(2)(h) facilitate the provision of services to the projects under the management of the Fund .

Section 10Verify source

§ 11ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 11. Allocations out of theFundAmendment

Section 11 authorizes allocation of monies from the Fund for development and administration purposes and sets specific percentage allocations and conditional grant treatment, with approvals and conditions involving the Cabinet Secretary.

Section 11. Allocations out of theFund Section 11(1)(a) development and off-take of affordable housing programmes and projects; Section 11(1)(b) development of institutional housing ; and Section 11(1)(c) social and physical infrastructure. Section 11(2) The monies may be allocated subject to the annual investment programme under section 15 and the provisions of Part V to the agencies set out in the First Schedule. Section 11(3) The monies may be allocated to county governments in accordance with the Public Finance Management Act ( Cap. 412A ) and on such conditions as may be prescribed by the Cabinet Secretary for the time being responsible for the National Treasury. Section 11(4)(a) up to point five (0.5%) percent of the monies to the collector for the collection of the Levy as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary ; Section 11(4)(b) up to two percent of the monies to the Board for the administration of the Fund as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary; and Section 11(4)(c) not less than point five percent (0.5%) of the monies to the county committees for the administration of the County Committees as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury. Section 11(5) The monies under subsection (4)(c) shall be appropriated as a conditional grant to county governments. Section 11(6) The First Schedule may be amended by notice in the Gazette .

Section 11Verify source

§ 12ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 12. Investments by theBoardProvision

The Board may invest income that is not immediately required, with the approval of the Cabinet Secretary in charge of Treasury.

Section 12. Investments by theBoard Section The Board may, with the approval of the Cabinet Secretary in charge of Treasury, invest any income that is not immediately required.

Section 12Verify source

§ 13ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 13. Borrowing by theBoardProvision

The Board may borrow funds with the approval of the Cabinet Secretary in charge of Treasury to advance the Act's objectives.

Section 13. Borrowing by theBoard Section 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.

Section 13Verify source

§ 14ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 14. Five yearaffordable housinginvestment programmeProvision

The Board must develop a five-year affordable housing investment programme every five years, submit it to the Cabinet Secretary and the Treasury Secretary for onward transmission to Cabinet for approval, and once Cabinet approves it the Cabinet Secretary must submit the approved programme to Parliament.

Section 14. Five yearaffordable housinginvestment programme Section 14(1) The Board shall develop a five-year affordable housing investment programme every five years. Section 14(2) The Board shall submit the affordable housing investment programme referred to in subsection (1) to the Cabinet Secretary and the Cabinet Secretary for the time being responsible for the National Treasury for onward transmission to the Cabinet for approval. Section 14(3) Upon approval of the affordable housing investment programme by the Cabinet, the Cabinet Secretary shall submit the approved affordable housing investment programme to Parliament.

Section 14Verify source

§ 15ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 15. Annual investment programmeProvision

Section 15 requires the annual investment programme to set out specific proposed projects, allocations and implementing agencies; the Board must submit that programme to the Cabinet Secretary, who must in turn submit it to Parliament.

Section 15. Annual investment programme Section 15(1)(a) the proposed affordable housing projects; Section 15(1)(b) the proposed institutional housing projects; Section 15(1)(c) the proposed allocation of monies out of the Fund ; Section 15(1)(d) the proposed implementing agencies as set out in the First Schedule. Section 15(2) The Board shall submit the annual investment programme referred to in subsection (1) to the Cabinet Secretary . Section 15(3) The Cabinet Secretary shall submit the annual investment programme to Parliament.

Section 15Verify source

§ 16ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 16. Establishment ofBoardProvision

Establishes the Affordable Housing Board, lists its powers and sets out composition and appointment arrangements for members.

Section 16. Establishment ofBoard Section 16(1) There is established a board to be known as the Affordable Housing Board . Section 16(2)(a) suing and being sued; Section 16(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and Section 16(2)(c) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate. Section 16(3)(a) a non-executive Chairperson appointed by the President; Section 16(3)(b) the Principal Secretary to the National Treasury or their representative designated in writing; Section 16(3)(c) the Principal Secretary of the State Department for the time being responsible for matters relating to affordable housing or their representative designated in writing; Section 16(3)(d) one shall be a nominee of the Council of County Governors; Section 16(3)(d)(i) one shall be a nominee of the Council of County Governors; Section 16(3)(d)(ii) one shall be a nominee of the Central Organization of Trade Union; and Section 16(3)(d)(iii) one shall be a nominee of the Federation of Kenya Employers; Section 16(3)(e) three persons, not being public officers, appointed, through a competitive process, by the Cabinet Secretary and who shall possess qualifications in built environment, finance or law; and Section 16(3)(f) the Chief Executive Officer , who shall have no right to vote at a meeting of the Board . Section 16(4) In nominating a person to be a member under subsection (3)(d), the nominating bodies shall present the names of three persons to the Cabinet Secretary from amongst whom one shall be appointed. Section 16(5)(a) ensure that not more than two-thirds of the members are of the same gender; Section 16(5)(b) take into account regional balance; Section 16(5)(c) consider special and marginalized groups including youth, women and persons with disability. Section 16(6) The members of the Board referred to in subsection (3), (a), (d) and (e) shall be appointed at different times so that the respective expiry dates of their terms of office shall be at different times.

Section 16Verify source

§ 17ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 17. Functions of theBoardProvision

The Board must carry out specified functions to oversee, coordinate, resource, manage, inspect, monitor and approve activities for the Fund supporting affordable and institutional housing and associated infrastructure.

Section 17. Functions of theBoard Section 17(1) The object and purpose for which the Board is established is to oversee the development of affordable housing , institutional housing and associated social and physical infrastructure in Kenya. Section 17(2)(a) co-ordinate the optimal utilisation of the Fund in the implementation of programmes and projects relating to the development of affordable housing and institutional housing and associated social and physical infrastructure; Section 17(2)(b) seek to achieve optimal efficiency and cost effectiveness in the development of affordable housing programmes and projects funded by the Fund ; Section 17(2)(c) based on a five year affordable housing investment programme and annual affordable housing investment programme, determine the allocation of financial resources required for the development of the affordable housing projects, institutional housing and associated social and physical infrastructure; Section 17(2)(d) manage the Fund and allocate monies in accordance with section 11 ; Section 17(2)(e) inspect and enforce compliance to this Act, guidelines and regulations set under the Act; Section 17(2)(f) monitor and evaluate, by means of technical, financial and performance audits, the delivery of goods, works and services funded by the Fund ; Section 17(2)(g) in implementing paragraph (f), pay due regard to public procurement and disposal regulations and additional guidelines issued or approved by the Cabinet Secretary for the time being responsible for the National Treasury; Section 17(2)(h) identify, quantify and recommend to the Cabinet Secretary such other potential sources of revenue as may be available to the Fund for the development, of affordable housing programmes and projects and associated social and physical infrastructure for consideration by the Cabinet Secretary to the National Treasury; Section 17(2)(i) approve the opening and closing of bank accounts of the Fund by the administrator of the Fund ; Section 17(2)(j) approve estimates of revenue and expenditure of the Fund for each financial year; and Section 17(2)(k) perform such other duties as may be assigned by the Cabinet Secretary in writing.

Section 17Verify source

§ 18ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 18. Qualifications for appointmentOffence

Lists the qualifications and disqualifications for appointment, including holding a recognized university degree; ten years’ senior management experience; meeting Chapter Six requirements; not having certain criminal convictions; not being adjudged bankrupt or in composition with creditors; and not being disqualified under any other written law.

Section 18. Qualifications for appointment Section 18(1)(a) holds a degree from a university recognized in Kenya; Section 18(1)(b) has ten years’ experience in a senior management position in the public service or private sector; and Section 18(1)(c) meets the requirements of Chapter Six of the Constitution. Section 18(2)(a) meets the requirements of Chapter Six of the Constitution; Section 18(2)(b) has not been convicted of a criminal offence which attracts imprisonment for a term not exceeding six months; Section 18(2)(c) has not been adjudged bankrupt or entered into a composition or arrangement with the creditors of the person; and Section 18(2)(d) is not disqualified under any other written law from appointment as such.

Section 18Verify source

§ 19ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 19. Tenure of officeOffence

The Chairperson and members hold office for three years and may be re-appointed for one further final three-year term; members cease to be members on specified grounds or resignation by written notice to the appointing authority.

Section 19. Tenure of office Section 19(1) The Chairperson and the members of the Board shall hold office for a term of three years and may be eligible for re-appointment to a further and final term of three years. Section 19(2)(a) has been absent from three consecutive meetings of the Board without justifiable cause or the permission of the Chairperson; Section 19(2)(b) is adjudged bankrupt or enters into a composition or arrangement with the creditors of the person; Section 19(2)(c) is convicted of an offence involving dishonesty or corruption; Section 19(2)(d) becomes incapable of carrying out the functions of their office, either arising from an infirmity of mind or body; Section 19(2)(e) violates Chapter Six of the Constitution; or Section 19(2)(f) fails to disclose any interest in a matter under consideration by the Board as provided for under section 23 (1). Section 19(3) A member of the Board shall cease to be a member of the Board if that member resigns from office by a notice in writing addressed to the appointing authority.

Section 19Verify source

§ 20ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 20. Filling of vacancyProvision

When the Chairperson's or a member's office becomes vacant before the term ends, the appointing authority shall, on the nominating body's recommendation where applicable, appoint a similarly qualified person to serve the remainder of the term.

Section 20. Filling of vacancy Section 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.

Section 20Verify source

§ 21ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 21. Conduct of affairs and business of theBoardProvision

The Board must conduct its affairs and business in accordance with the Second Schedule; subject to that, the Board may regulate its own procedures.

Section 21. Conduct of affairs and business of theBoard Section 21(1) The conduct of affairs and business of the Board shall be in accordance with the Second Schedule. Section 21(2) Subject to subsection (1), the Board may regulate its own procedures.

Section 21Verify source

§ 22ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 22. Committees of theBoardProvision

The Board may create committees of Board members and may co‑opt non‑members to those committees for particular reasons and periods.

Section 22. Committees of theBoard Section 22(1) The Board may establish such committees consisting of such members of the Board to deal with such matters as the Board may specify. Section 22(2) The Board may co-opt persons who are not members of the Board to committees established under subsection (1) for a particular reason and such persons shall serve in such committees for such period as the Board may determine.

Section 22Verify source

§ 23ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 23. Disclosure of interestCommencement

Board members must disclose private interests in matters before the Board and must not participate in discussion or voting on those matters unless the Board directs; disclosures must be recorded and failure to disclose can lead to disqualification.

Section 23. Disclosure of interest Section 23(1) If a member of the Board is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which matter the member or the dependants of the member are directly or indirectly interested in a private capacity, the member shall, as soon as practicable, after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion, or vote on any question relating on such matter. Section 23(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. Section 23(3) Failure to disclose such interest shall lead to the disqualification of the member from holding office as a member.

Section 23Verify source

§ 24ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 24. Remuneration ofBoardmembersProvision

The Chairperson and members of the Board must be paid sitting allowances or other remuneration for expenses as recommended by the Salaries and Remuneration Commission.

Section 24. Remuneration ofBoardmembers Section 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.

Section 24Verify source

§ 25ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 25.Chief Executive Officerof theBoardProvision

The Board must competitively recruit and appoint a Chief Executive Officer in consultation with the Cabinet Secretary; candidates must hold specified qualifications and the CEO serves a three-year term, eligible for one further three-year reappointment.

Section 25.Chief Executive Officerof theBoard Section 25(1) There shall be a Chief Executive Officer of the Board who shall be competitively recruited and appointed by the Board , in consultation with the Cabinet Secretary , on such terms and conditions of service as shall be specified in the instrument of appointment or otherwise in writing from time to time. Section 25(2)(a) holds a degree from a university recognized in Kenya; Section 25(2)(b) has at least ten years’ experience in a managerial capacity in built environment, finance, or law; and Section 25(2)(c) meets the requirements of Chapter Six of the Constitution. Section 25(3) The Chief Executive Officer shall hold office for a term of three years and shall be eligible for reappointment for one further term of three years.

Section 25Verify source

§ 26ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 26. Administrator of theFundProvision

The Chief Executive Officer is designated as the administrator of the Fund and the provision lists the CEO's specific responsibilities relating to managing, operating, accounting for, and safeguarding the Fund.

Section 26. Administrator of theFund Section 26(1) The Chief Executive Officer shall be the administrator of the Fund . Section 26(2)(a) supervise and control the day-to-day administration of the Fund ; Section 26(2)(b) prepare the annual work plan for the Fund for approval by the Board ; Section 26(2)(c) open and operate the accounts of the Fund with the approval of the Board and the National Treasury; Section 26(2)(d) prepare estimates of annual revenue and expenditure of the Fund and submit to the Board for approval; Section 26(2)(e) implement policies approved by the Board for the attainment of the objects of the Fund ; Section 26(2)(f) advise the Board on matters relating to the administration of the Fund ; Section 26(2)(g) co-ordinate the monitoring and evaluation of affordable housing projects and programmes financed from the Fund ; Section 26(2)(h) keep books of accounts and other books and records in relation to the Fund of all activities and undertakings financed by the Fund ; Section 26(2)(i) be the custodian of the assets, property, and equipment of the Fund ; Section 26(2)(j) establish proper systems of internal control and management in accordance with provisions of the relevant laws; Section 26(2)(k) subject to approval of the Board , authorise withdrawals out of the Fund ; Section 26(2)(l) ensure that money held in the Fund , including any earnings or accruals is spent only for the purpose for which the Fund is established; Section 26(2)(m) prepare, in respect of each financial year and within three months after the end thereof, a statement of accounts relating to the Fund and showing the expenditure incurred from the Fund in accordance with the Public Audit Act ( Cap. 412B ); and Section 26(2)(n) undertake any other duty the Board may assign in furtherance of the objects and purpose of the Fund .

Section 26Verify source

§ 27ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 27.Fundnot to be overdrawnProvision

The administrator of the Fund must ensure that the Fund's bank accounts are not overdrawn.

Section 27.Fundnot to be overdrawn Section The administrator of the Fund shall ensure that no bank accounts of the Fund are overdrawn.

Section 27Verify source

§ 28ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 28. Administrative costsProvision

The Fund's administrative costs must not exceed two percent of the Fund's latest audited financial statement.

Section 28. Administrative costs Section The administrative costs of the Fund shall not exceed two percent of the latest audited financial statement of the Fund .

Section 28Verify source

§ 29ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 29. Power of theadministrator of the Fundto access informationProvision

The administrator of the Fund may access any programme and project related data the Administrator considers necessary to perform their functions under the Act.

Section 29. Power of theadministrator of the Fundto access information Section 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.

Section 29Verify source

§ 30ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 30. Corporation SecretaryProvision

The Board must competitively recruit and appoint a Corporation Secretary, and the Corporation Secretary must perform specified governance and secretarial duties for the Board.

Section 30. Corporation Secretary Section 30(1) There shall be a Corporation Secretary to the Board who shall be competitively recruited and appointed by the Board . Section 30(2)(a) holds a degree from a university recognised in Kenya; Section 30(2)(b) is a Certified Public Secretary and a member of the Institute of Certified Public Secretaries of Kenya in good standing; Section 30(2)(c) has at least ten years’ experience in offering the services of a certified public secretary; and Section 30(2)(d) meets the requirements of Chapter Six of the Constitution. Section 30(3)(a) providing guidance to the members of the Board on their duties, responsibilities and powers and how these should be exercised in the best interests of the Board ; Section 30(3)(b) ensuring that the procedures of the Board are followed and reviewed regularly, and that the members of the Board comply with written law; Section 30(3)(c) assisting the Chairperson of the Board to organise the activities of the Board , including providing information, preparing agenda, issuing notices and preparing for meetings, conducting evaluations of the Board and development programmes of the Board ; Section 30(3)(d) providing secretarial services to the Board , including ensuring that the work plan of the Board is prepared and adhered to, circulating Board papers in advance of the meeting and keeping the record of attendance of the meetings; Section 30(3)(e) ensuring that the minutes of the meetings of the Board and committees of the Board are promptly prepared and circulated; Section 30(3)(f) keeping the members of the Board abreast of and informed on current governance practice; Section 30(3)(g) keeping a record of conflicts of interest declared by each member of the Board ; and Section 30(3)(h) co-ordinating the governance audit process.

Section 30Verify source

§ 31ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 31. Staff of theBoardProvision

The Board may appoint necessary staff and determine their terms; the staff shall serve as the Fund's secretariat reporting to the Chief Executive Officer.

Section 31. Staff of theBoard Section 31(1) The Board may appoint such members of staff as may be necessary for the proper discharge of the functions of the Board , on such terms and conditions of service as the Board may determine. Section 31(2) The staff of the Board shall be the secretariat of the Fund reporting to the Chief Executive Officer .

Section 31Verify source

§ 32ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 32. Delegation of powersProvision

The Board may, by resolution (generally or in a particular case), delegate to the administrator of the Fund or to an officer, employee or agent of the Board the exercise of any of its powers or the performance of any of its functions under this Act or any other written law.

Section 32. Delegation of powers Section 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.

Section 32Verify source

§ 33ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 33. The common sealProvision

Section 33. The common seal Section 33(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except by the order of the Board . Section 33(2) The common seal of the Board shall, when affixed to a document and is duly authenticated, be judicially and officially noticed, and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.

Section 33Verify source

§ 8ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 8. Establishment ofFundProvision

Establishes the Affordable Housing Fund and provides that it is vested in and managed by the Board.

Section 8. Establishment ofFund Section There is established a fund to be known as the Affordable Housing Fund which shall be vested in, and managed by, the Board .

Section 8Verify source

§ 9ESTABLISHMENT AND MANAGEMENT OF THE AFFORDABLE HOUSING FUND - 9. Sources of fundsProvision

Lists the sources of funds for the Affordable Housing Fund, naming levy receipts, appropriations, gifts, grants, donations, voluntary contributions, investment income, approved loans, and income accruing in the performance of its functions.

Section 9. Sources of funds Section 9(1)(a) monies deducted or payable as the Levy under this Act; Section 9(1)(b) monies appropriated by the National Assembly for the purposes of the Fund ; Section 9(1)(c) gifts, grants or donations; Section 9(1)(d) voluntary contributions made under section 52 ; Section 9(1)(e) income from investments made by the Fund ; Section 9(1)(f) loans approved by the Cabinet Secretary for the time being in charge of the National Treasury; and Section 9(1)(g) income accruing to the Fund in the course of the performance of its functions under any written law. Section 9(2) Without prejudice to the generality of subsection 1(e) and (g), all of the proceeds of sale, rent, and interest shall be paid into the Fund .

Section 9Verify source

Part IV

ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING

§ 34ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 34. Establishment of County Rural and Urban Affordable Housing CommitteesCommencement

Every county must have a County Rural and Urban Affordable Housing Committee; members nominated to the chairperson and the chief officer in charge of housing must be vetted and approved by the county assembly, and the committee's membership must meet gender, minority and marginalised-group representation requirements.

Section 34. Establishment of County Rural and Urban Affordable Housing Committees Section 34(1) There is established in every county, a County Rural and Urban Affordable Housing Committee. Section 34(2)(a) a non-executive chairperson who shall be nominated by the county governor; Section 34(2)(b) the County Executive Committee member responsible for matters relating to housing or their representative designated in writing; Section 34(2)(c) one shall be a representative of a registered association of traders operating in the county; Section 34(2)(c)(i) one shall be a representative of a registered association of traders operating in the county; Section 34(2)(c)(ii) one shall be a representative of a registered residential association; in the county; Section 34(2)(iii) one shall be a member of the public residing within the county; and Section 34(2)(d) the chief officer for the time being in charge of housing, who shall be an ex-officio member and the secretary to the County Committee . Section 34(3) A person nominated under subsection (2) (a) and subsection (2) (d), shall be vetted and approved by the county assembly. Section 34(4)(a) ensure that not more than twoUthirds of the members are of the same gender; Section 34(4)(b) ensure that ethnic minorities within the county are adequately represented; and Section 34(4)(c) consider marginalized groups including youth and persons with disability. Section 34(5) The members of the Committee shall be appointed within thirty days of the commencement of this Act.

Section 34Verify source

§ 35ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 35. Qualifications for appointmentOffence

Sets out the qualifications required for appointment, including a recognized university degree, at least five years’ relevant experience, county residency of not less than five years, and compliance with Chapter Six of the Constitution; additional clauses list disqualifying factors such as certain convictions, bankruptcy or composition with creditors, and other statutory disqualifications.

Section 35. Qualifications for appointment Section 35(1)(a) holds a degree from a university recognized in Kenya; Section 35(1)(b) has at least five years’ experience in matters relating to housing, built environment, banking, or finance; Section 35(1)(c) has resided in the county for a period of not less than five years; and Section 35(1)(d) meets the requirements of Chapter Six of the Constitution. Section 35(2)(a) meets the requirements of Chapter Six of the Constitution; Section 35(2)(b) has not been convicted of a criminal offence which attracts imprisonment for a term not exceeding six months; Section 35(2)(c) has not been adjudged bankrupt or entered into a composition or arrangement with the creditors of the person; and Section 35(2)(d) is not disqualified under any other written law from appointment as such.

Section 35Verify source

§ 36ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 36. Tenure of officeOffence

The Chairperson and members of the County Committee shall hold office for three years and may be reappointed for one additional final three-year term.

Section 36. Tenure of office Section 36(1) The Chairperson and members of the County Committee , shall hold office for a term of three years and may be eligible for reUappointment for an additional final term of three years. Section 36(2)(a) has been absent from three consecutive meetings of the Committee without justifiable cause or the written permission of the Chairperson; Section 36(2)(b) is adjudged bankrupt or enters into a composition or arrangement with the creditors of the person; Section 36(2)(c) is convicted of an offence involving anti-economic crimes or corruption; Section 36(2)(d) becomes incapable of carrying out the functions of their office due to an infirmity of mind or body; Section 36(2)(e) violates Chapter Six of the Constitution; or Section 36(2)(f) fails to disclose any interest in a matter under consideration by the Committee as provided for under this Act.

Section 36Verify source

§ 37ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 37. Remuneration of theCounty CommitteemembersProvision

The Chairperson and members of the County Committee must be paid sitting allowances or other remuneration for expenses as recommended by the Salaries and Remuneration Commission.

Section 37. Remuneration of theCounty Committeemembers Section 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.

Section 37Verify source

§ 38ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 38. Conduct of affairs and business of theCounty CommitteeAmendment

The County Committee must conduct its affairs and business in accordance with the Second Schedule; subject to that, the Committee may amend its own procedures to better carry out its functions.

Section 38. Conduct of affairs and business of theCounty Committee Section 38(1) The conduct of affairs and business of the County Committee shall be in accordance with the Second Schedule to this Act. Section 38(2) Subject to subsection (1), the Committee may amend its own procedures for the better carrying out of its functions.

Section 38Verify source

§ 39ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 39. Functions of theCounty CommitteeProvision

The County Committee must, in consultation with the Board, develop a framework to attain affordable housing in the county.

Section 39. Functions of theCounty Committee Section in consultation with the Board , develop a framework for the attainment of affordable housing in the county;

Section 39Verify source

§ 40ROLE OF THE COUNTY GOVERNMENTS IN AFFORDABLE HOUSING - 40. County legislationProvision

County governments may enact legislation related to affordable housing in the counties.

Section 40. County legislation Section Nothing in this Act shall preclude county governments from enacting legislation related to affordable housing in the counties.

Section 40Verify source

Part IX

MISCELLANEOUS PROVISIONS

§ 56MISCELLANEOUS PROVISIONS - 56. Misappropriation of funds of theFundOffence

Makes it an offence for a person to misappropriate funds or assets of the Fund or to assist or cause such misappropriation; penalties include a fine not exceeding twenty million shillings, imprisonment up to ten years, and an additional mandatory fine equal to twice the benefit or loss.

Section 56. Misappropriation of funds of theFund Section 56(1) A person commits an offence if the person misappropriated any funds or assets of the Fund , or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act. Section 56(2)(a) to a fine not exceeding twenty million shillings or imprisonment of a term not exceeding ten years, or both; and Section 56(2)(b) an additional mandatory fine if, as a result of the conduct that constituted the offence, the person received a quantifiable benefit or any other person suffered a quantifiable loss. Section 56(3)(a) the mandatory fine shall be equal to two times the amount of the benefit or loss described in subsection (2)(b); Section 56(3)(b) if the conduct that constituted the offence resulted in both a benefit and loss described in subsection (2)(b), the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.

Section 56Verify source

§ 57MISCELLANEOUS PROVISIONS - 57. Other offencesOffence

Persons must not provide false, misleading, inaccurate or falsified information required under the Act, nor communicate such information except to persons authorised by the Board; contravention attracts a fine up to ten million shillings or imprisonment up to five years, or both.

Section 57. Other offences Section 57(1)(a) fails to give information or gives inaccurate or misleading information or falsifies information or misrepresents information required under this Act; Section 57(1)(b) to any person other than a person to whom they are authorized by the Board to communicate it or Section 57(1)(b)(i) to any person other than a person to whom they are authorized by the Board to communicate it or Section 57(1)(b)(ii) otherwise than for the purposes of this Act. Section 57(2) A person who contravenes the provisions of subsection (1) shall be liable, on conviction to a fine not exceeding ten million shillings or imprisonment of a term not exceeding five years, or to both.

Section 57Verify source

§ 58MISCELLANEOUS PROVISIONS - 58. Protection from personal liabilityProvision

Persons acting under the Act in good faith and in accordance with the law are not personally liable for actions, claims or demands arising from those acts.

Section 58. Protection from personal liability Section 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.

Section 58Verify source

§ 59MISCELLANEOUS PROVISIONS - 59. RegulationsCommencement

The Cabinet Secretary may make regulations (in consultation with the Board) to implement the Act; must table those regulations before Parliament within thirty days of commencement; regulations take effect only if approved by a resolution of Parliament; if a House does not approve or reject within fifteen sitting days it is deemed approved.

Section 59. Regulations Section 59(1) The Cabinet Secretary may, in consultation with the Board , make Regulations for better carrying into effect the provisions of this Act. Section 59(2)(a) the criteria for exemptions granted under section 6 ; Section 59(2)(b) criteria for eligibility of allocation of an affordable housing unit under section 48 ; Section 59(2)(c) requisite deposit for the housing under section 49 (2); Section 59(2)(d) identification documents under section 49 ; Section 59(2)(e) regulations under Part V; Section 59(2)(f) the criteria for change of affordable housing unit; Section 59(2)(g) the provisions on voluntary savings; Section 59(2)(h) the provisions relating to off-take of affordable housing units; Section 59(2)(i) the inclusivity and diversity within affordable housing schemes; Section 59(2)(j) the application and integration of technology- based platforms in the administration and management of affordable housing schemes; Section 59(2)(k) the typology and dimensions for affordable housing units relative to the incomes of the individual applicants; Section 59(2)(l) the procedural guidelines for the Board to off-take affordable housing units under an affordable housing scheme ; Section 59(2)(m) the interest rate or administration fee for a loan issued under section 51 ; and Section 59(2)(n) criteria for eligibility of allocation of a low interest mortgage under section 52 . Section 59(3) The Cabinet Secretary shall table before Parliament, the regulations made under this section within thirty days of commencement of this Act. Section 59(4) Regulations made under this section shall not take effect unless approved by a resolution passed by Parliament. Section 59(5) If a House of Parliament does not make a resolution either approving or rejecting any regulations within fifteen sitting days after submission to it for approval, the House shall be deemed to have approved those regulations.

Section 59Verify source

§ 60MISCELLANEOUS PROVISIONS - 60. Consequential amendment and transitionCommencement

Section 60 makes consequential amendments and specifies transitional deeming rules: Acts listed in the Third Schedule are amended as specified; payments or actions under repealed sections are deemed to have been made under this Act; commitments or obligations on the National government about affordable housing made under previous Acts are deemed to be made under this Act; and ongoing affordable-housing projects or programmes under such commitments are deemed to have been commenced under this Act.

Section 60. Consequential amendment and transition Section 60(1) The Acts specified in the first column of the Third Schedule are amended in the manner specified in the second column. Section 60(2) Any payment made or action taken under the sections repealed under subsection (1) shall be deemed to have been paid or taken under this Act. Section 60(3) Any commitment or obligation on the National government on affordable housing which have arisen or made in accordance with an Act of Parliament shall be deemed to be a commitment or obligation made under this Act. Section 60(4) Any ongoing project or programme on affordable housing implemented pursuant to a commitment or obligation under subsection (3) shall be deemed to be a project or programme commenced under this Act.

Section 60Verify source

§ 61MISCELLANEOUS PROVISIONS - 61. Revocation of affordable HousingFundRegulationsCommencement

Section 61. Revocation of affordable HousingFundRegulations Section 61(1) All regulations in force immediately before the commencement of this Act and applicable to affordable housing and voluntary contributions are hereby revoked. Section 61(2) All monies which immediately before the commencement of this Act, that were held by the National Housing Corporation under the Housing Fund Regulations, 2018 shall vest in the Fund and shall be deposited into the Fund . Section 61(3) The National Housing Corporation shall account for and give a record of all contributions made under the Housing Fund Regulations, 2018. Section 61(4) The administrator of the Fund shall notify the contributors and create an account for each contributor.

Section 61Verify source

Part V

IMPLEMENTATION OF THE AFFORDABLE HOUSING

§ 41IMPLEMENTATION OF THE AFFORDABLE HOUSING - 41. Allocation of landProvision

The Land Act applies to allocation of public land for the affordable housing and institutional housing schemes; land held by a county government must not be allocated unless the Board, in the prescribed manner, has carried out public participation and stakeholder engagement with the affected community within the county.

Section 41. Allocation of land Section 41(1) The provisions of the Land Act shall, subject to subsection (2), apply to the allocation of public land for the implementation of the affordable housing scheme and development of institutional housing scheme. Section 41(2) Land held by a county government shall not be allocated unless the Board has, in the prescribed manner, carried out public participation and stakeholder engagement with the affected community within the county.

Section 41Verify source

§ 42IMPLEMENTATION OF THE AFFORDABLE HOUSING - 42. Agreement with national governmentagencyProvision

The Board may appoint a national government agency to develop affordable housing and may, subject to the Public Finance Management Act (Cap. 412A), disburse monies to that agency for performing those functions.

Section 42. Agreement with national governmentagency Section 42(1) The Board may appoint a national government agency to develop affordable housing units and the associated social and physical infrastructure. Section 42(2) Subject to the Public Finance Management Act ( Cap. 412A ), the Board may disburse such monies to the national government agency for the performance of the functions under subsection (1).

Section 42Verify source

§ 43IMPLEMENTATION OF THE AFFORDABLE HOUSING - 43. Agreement forinstitutional housingProvision

Agreement for institutional housing concerning the development of institutional housing units.

Section 43. Agreement forinstitutional housing Section the development of institutional housing units; and

Section 43Verify source

§ 44IMPLEMENTATION OF THE AFFORDABLE HOUSING - 44. Agreement with private institutions and personsProvision

The Board must publish a notice of intention and invite tenders before entering into an agreement; the Cabinet Secretary may prescribe publication guidelines in consultation with the Board.

Section 44. Agreement with private institutions and persons Section 44(1)(a) to develop and construct affordable housing units and associated social and physical infrastructure; and Section 44(1)(b) for the supply of goods and materials in connection with the construction of affordable housing units. Section 44(2) The Board shall, before entering into an agreement under subsection (1), publish in at least two newspapers of nationwide circulation and on electronic media, a notice of intention to enter into an agreement and invitation of tenders from the public in the prescribed form. Section 44(3) The Cabinet Secretary may, in consultation with the Board , prescribe guidelines for the publication of a notice under subsection (2) and invitations to tender.

Section 44Verify source

§ 45IMPLEMENTATION OF THE AFFORDABLE HOUSING - 45. Agreement for financingProvision

The Board may enter agreements with approved institutions or mortgage schemes to finance off-take of affordable housing units; the Fund may disburse monies to the approved institution, subject to the Public Finance Management Act (Cap 412A).

Section 45. Agreement for financing Section 45(1) The Board may enter into an agreement with any approved institution or mortgage scheme to provide financing for the off-take of affordable housing units. Section 45(2) Subject to the Public Finance management Act ( Cap 412A ), the Fund may disburse such monies to the approved institution as may be necessary for the performance of the function under subsection (1).

Section 45Verify source

§ 46IMPLEMENTATION OF THE AFFORDABLE HOUSING - 46. Community supportProvision

Where possible, use locally available materials.

Section 46. Community support Section as far as possible ensure locally available materials are used;

Section 46Verify source

§ 47IMPLEMENTATION OF THE AFFORDABLE HOUSING - 47. Priority of ownership for slum residentsProvision

Issue a notice, in the prescribed form, to the residents in that settlement of the intended implementation of the project.

Section 47. Priority of ownership for slum residents Section issue a notice, in the prescribed form, to the residents in that settlement of the intended implementation of the project;

Section 47Verify source

Part VI

ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT

§ 48ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT - 48. Eligibility criteriaProvision

A person is entitled to be allocated one affordable housing unit if they meet the criteria set out in regulations.

Section 48. Eligibility criteria Section 48(1) A person is eligible for allocation of one affordable housing unit if the person meets the criteria prescribed in regulations. Section 48(2) In this section, a person means a natural person.

Section 48Verify source

§ 49ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT - 49. Application for allocation ofaffordable housingunitProvision

A person who meets the criteria in section 48 and wants an affordable housing unit must apply to the Board in the specified manner; the Board must give preference to marginalised persons, vulnerable groups, youth, women and persons with disabilities.

Section 49. Application for allocation ofaffordable housingunit Section 49(1) A person who meets the criteria set out under section 48 and desires to be allocated an affordable housing unit, shall make an application to the Board in the specified manner. Section 49(2)(a) proof of requisite deposit as may be prescribed by the Cabinet Secretary ; Section 49(2)(b) a copy of the national identity card or such other form of identification as may be prescribed by the Cabinet Secretary ; Section 49(2)(c) copy of incorporation certificate in the case of a body corporate; Section 49(2)(d) a copy of Kenya Revenue Authority personal identification number certificate and tax compliance certificate; and Section 49(2)(e) such other information as may be determined by the Board . Section 49(3) In determining the allocation of an affordable housing unit under this section, the Board shall give preference to marginalised persons, vulnerable groups, youth, women and persons with disabilities.

Section 49Verify source

§ 50ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT - 50. Off-taking ofaffordable housingunitsProvision

The Cabinet Secretary may, in consultation with the Board, issue regulations to better carry out subsection (1).

Section 50. Off-taking ofaffordable housingunits Section 50(1)(a) has been approved by the Board ; Section 50(1)(b) meets policy and statutory requirements; and Section 50(1)(c) meets any other criteria or conditions set by the Board . Section 50(2) The Cabinet Secretary may in consultation with the Board issue regulations for the better carrying out of subsection (1).

Section 50Verify source

§ 51ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT - 51. Loan interest rateProvision

Loan interest or administration fee for loans under this Act shall be payable on a reducing balance at a rate that the Cabinet Secretary may prescribe.

Section 51. Loan interest rate Section 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 .

Section 51Verify source

§ 52ELIGIBILITY CRITERIA AND APPLICATION PROCEDURE FOR AFFORDABLE HOUSING UNIT - 52. Voluntary savingsProvision

Allows eligible persons to make voluntary savings with the Fund; requires the Fund administrator to open a separate bank account and issue account numbers; permits withdrawal with ninety days' written notice or application to the Board for a mortgage; applications for a mortgage must be accompanied by an agreement using saved deposits and land as collateral; upon Board approval the applicant must cause a charge on title in favour of the Board.

Section 52. Voluntary savings Section 52(1) An eligible person may make voluntary savings with the Fund for purposes of raising a deposit towards the allocation of an affordable housing unit. Section 52(2) An administrator of the Fund shall open separate bank account where voluntary savings shall be kept and any interest arising from investment of voluntary savings shall be credited to this account. Section 52(3) The administrator of the Fund shall issue an account number to each person making a voluntary saving. Section 52(4)(a) may withdraw their savings by issuing ninety days’ written notice to the agency for refund with any accrued interest; or Section 52(4)(b) may apply to the Board for approval of issuance of an affordable mortgage to develop a rural affordable housing unit. Section 52(5) An application in subsection (4) (b) will be accompanied by an agreement that the applicant agrees to have their saved deposits and the land upon which the unit is to be built to be used as collateral. Section 52(6) Upon approval by the Board , the applicant shall cause a charge on the title in subsection (5) to be executed in favour of the Board .

Section 52Verify source

Part VII

OWNERSHIP OF AFFORDABLE HOUSING UNITS

§ 53OWNERSHIP OF AFFORDABLE HOUSING UNITS - 53. Issuance of a certificate of ownershipProvision

The Board must transfer ownership of an affordable housing unit to a qualified applicant, with Cabinet Secretary approval and upon completion of payment; the Registrar must not register a transfer without the Board's written consent; the Board's certificate that a unit was sold is conclusive evidence of consent.

Section 53. Issuance of a certificate of ownership Section 53(1) The Board shall, with the approval of the Cabinet Secretary , transfer the ownership of an affordable housing unit to a qualified applicant upon completion of payment of the agreed price. Section 53(2) The Registrar shall not, without the written consent of the Board , register a transfer of any housing unit under this Act. Section 53(3) The certificate of the Board that any affordable housing unit has been sold to an individual under the provisions of this Act shall be conclusive evidence of consent under subsection (2). Section 53(4) The registration of an owner of affordable housing units shall be undertaken in accordance with the Sectional Properties Act ( Cap. 286 ).

Section 53Verify source

§ 54OWNERSHIP OF AFFORDABLE HOUSING UNITS - 54. Restrictions to owners ofaffordable housingunitProvision

A purchaser of an affordable housing unit under this Act must not sell or agree to sell the unit or any interest in it to another person except with the prior written consent of the Board.

Section 54. Restrictions to owners ofaffordable housingunit Section 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.

Section 54Verify source

Part VIII

FINANCIAL PROVISIONS

§ 55FINANCIAL PROVISIONS - 55. Accounts and auditProvision

The administrator of the Fund must ensure proper books and records of account are kept for the Fund's income, expenditure and assets.

Section 55. Accounts and audit Section 55(1) The administrator of the Fund shall cause to be kept proper books and records of account of the income, expenditure and assets of the Fund . Section 55(2)(a) a statement of the income and expenditure of the Fund during the year; and Section 55(2)(b) a statement of the assets and liabilities of the Fund on the last day of that year. Section 55(3) The accounts of the Fund shall be audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 55Verify source

Legislative relationships

9 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

6 instruments

Board that any affordable housing unit has been sold to an individual under the provisions of this Act
Section 53
Board the exercise of any of its powers or the performance of any of its functions under this Act
Section 32
Cabinet Secretary in charge of Treasury to advance the Act
Section 13
Committee shall be appointed within thirty days of the commencement of this Act
Section 34
County Committee shall be in accordance with the Second Schedule to this Act
Section 38
Fund shall be audited and reported upon in accordance with the Public Audit Act
Section 55

G–M

2 instruments

Kenya Revenue Authority Act
Section 2
Land Act
Section 41

N–S

1 instrument

Parliament shall be deemed to be a commitment or obligation made under this Act
Section 60

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