Affordable Housing Levy (AHL) – Key Details & Employer Obligations:

Last reviewed – 26 February 2025

The Affordable Housing Levy (AHL) was initially introduced in July 2023 but was nullified by the courts in November 2023. It was later reintroduced under the Affordable Housing Act, 2024, and became effective in March 2024.

1. Who Must Pay the AHL?

  • Employees (Salaried Workers) – Deduction from their gross monthly salary.
  • Employers – Must contribute an equal amount on behalf of employees.
  • Self-Employed & Non-Salaried Individuals – Must remit 1.5% of their gross income.

2. AHL Contribution Rates

Category Rate
Employee Contribution
1.5% of gross monthly salary
Employer Contribution
1.5% of employee’s gross monthly salary
Self-Employed / Non-Salaried
1.5% of gross income

3. Payment & Remittance Timeline

✔ Deadline for Payment: Within 9 working days after the end of each month.

✔ Late Payment Penalty: 3% of the unpaid amount per month until settled.

4. What Constitutes ‘Gross Monthly Salary’?

 Includes:

  • Basic salary
  • Regular cash allowances (e.g., housing, travel, car allowances)

 

Excludes:

  • Non-cash benefits
  • Irregular payments (e.g., leave allowance, bonus, gratuity, pension, severance pay, terminal benefits)

5. Tax Deductibility & Compliance

The Tax Laws (Amendment) Act, 2024 now allows employees to deduct AHL contributions for PAYE purposes, reducing their taxable income.

 

Employers must deduct, remit, and maintain proper records for compliance with the law.

6. Summary of Employer Responsibilities

  • Deduct 1.5% from employees’ gross salary and contribute an additional 1.5%.
  • Remit total AHL contributions to the relevant authority within 9 working days after month-end.
  •  Maintain accurate records of all AHL contributions.
  • Ensure compliance to avoid penalties (3% monthly on late payments).

Conclusion

The Affordable Housing Levy aims to fund housing projects and improve access to affordable homes in Kenya. Employers and individuals must comply with the new remittance rules to avoid penalties.