Fasten your seatbelts for a turbulent ride.
Fireworks are imminent in Parliament as MPs resume sittings today to consider a ponderous and contentious government agenda.
After a two-month break, the House will do some early heavy lifting, considering, among others, the report on the controversial housing law, requiring a levy even from those who already have homes.
President William Ruto and Azimio leader Raila Odinga’s troops are headed for a showdown, considering their sentiments about the proposed law.
Two committees of the House concluded public participation on the Affordable Housing Bill, 2023, which is seeking to reintroduce the housing levy.
Many stakeholders said the levy should be voluntary or done away with entirely.
The levy, which is presently anchored in the Finance Act 2023, was declared unconstitutional by the High Court, which said it is discriminatory.
But Ruto’s administration is keen to reintroduce the same in a new law, but with similar terms as those in the disputed tax law.
In what portends a major battle awaiting the proponents, the Star has established that MPs are grumbling a lot about the levy.
Recently, opposition MPs asked the Parliamentary Service Commission to refund levies deducted from their pay.
Signs of forthcoming clashes are rife as resentful MPs, including in Kenya Kwanza, are muttering over the proposed levy.
Azimio honchos have indicated they will still oppose the housing Bill “in whatever form it’ll be introduced on the floor of the House”.
It is intended to provide mixed, affordable housing and real jobs for youths and communities.
Minority leader Opiyo Wandayi told the Star that much as they were readying for a busy session, they wouldn’t back “punitive taxes”.
“The struggle or resistance against punitive taxes and levies will continue in earnest,” he said.
MPs are also set to reconstitute committees that will steer the current session, top among them the House Business Committee.
Standing Orders require the committee be reconstituted on every session, otherwise no business can be conducted in the either National Assembly or Senate.
The report of the Kalonzo Musyoka and Kimani Ichung’wah-led National Dialogue Committee (Nadco) is also lined up for discussion and a vote.
A court recently ruled the report cannot stand in the way of the recruitment of IEBC chairman and commissioners.
It directed the selection panel to immediately replace Wafula Chebukati and the other six commissioners.
The IEBC hiring panel has triggered a political storm with indications that it would start the recruitment as ordered by the court.
IEBC commissioners’ recruitment is at the heart of the conflict that saw Ruto and Raila come to the table for talks.
The saving grace could be indications by Kenya Kwanza’s top leadership that the Nadco report would be given precedence.
Majority leader Ichung’wah said the report would be among the top businesses items
“The Nadco report is due for debate and adoption as soon as we resume and it is among the priority house business. We hope the report will be adopted to create a new legislative pathway to the recruitment process,” he said.
The report, just like the case of the Building Bridges Initiative, is expected to spark heated debate when introduced in the National Assembly.
MPs are also due to consider regulations to implement several health laws, including the introduction of 2.7 per cent contributions towards the Social Health Insurance Fund.
Health Cabinet Secretary Susan Nakhumicha has invited members of the public to give their views on the regulations after which they would be introduced in Parliament.
The legislation has been criticised for increasing deductions to the already depleted wallets of many working class Kenyans.
Without MPs’ approval of the Social Health Insurance Fund (General Regulations), 2024-now subject to public participation-it cannot be rolled out.
Wandayi said they were looking forward to a busy calendar, saying it would ‘midwife’ the first amendment to the Constitution.
“The session might end up birthing the first constitutional amendment. It will be a very eventful session,” the lawmaker said.
Parliament is also resuming when key budget deadlines are kicking in. The main focus would be the Draft 2024 Budget Policy Statement.
In the budget document are radical proposals that would inform new areas in which the government can pursue tax revenues.
Once approved, the National Treasury is expected to draw up the Finance Bill, 2024, detailing the tax measures aligned to the budget policy.
MPs have also been up in arms against delayed disbursement of the CDF.
Having failed to secure a special sitting, they sought to address the issue. There are fears the scenes of the standoff when the House adjourned could be replayed.
The National Treasury has yet to disburse balances owed to the constituency boards.
MPs are also due to consider the second supplementary estimates from the National Treasury, through which Ruto said pending bills would be settled.
These smaller budgets usually impose stringent budget cuts that affect many ministries, state departments and agencies, hence, eliciting a sharp focus by MPs.
Senators are also returning to the usually emotive debate on the distribution of devolved resources – the fourth basis.
“The fourth basis will be used to share revenues for five financial years 2025-26 to 2029-30,” the Commission on Revenue Allocation said last month.
The current formula, the third since the inception of devolution in 2013, expires in the 2024-25 financial year, with the new basis expected to be approved by December this year.
Debate on the third basis, which has been in place since the 2020-21 fiscal year, went for months to a point where the handshake duo of retired President Uhuru Kenyatta and Raila had to intervene.