The High Court has declared unconstitutional President William Ruto’s pronouncements to reserve 20 per cent of Affordable Housing units for teachers and police officers, ruling that the proposals are null and void.
In a judgment delivered on Thursday, October 29, Lady Justice Patricia Nyaundi ruled that the presidential directives have no legal effect without a statutory foundation or an established policy to support them.
The court found that Ruto cannot introduce new criteria for allocating affordable housing units through executive pronouncements when such requirements are not provided for under existing law.
The decision invalidates proposals announced on June 3 and September 13, 2025, which sought to set aside a portion of housing units under the government’s Affordable Housing Programme for teachers and police officers.
"A declaration is hereby issued that the pronouncements made by the President on June 3, 2025, and September 13, 2025, absent a statutory or policy basis, are of no legal effect and cannot lawfully alter or supplement the criteria for allocation of housing units established under the Affordable Housing Act and its Regulations," the court ruled.
The judgment followed a constitutional petition filed by two petitioners who challenged the proposed allocation of 20 per cent of the housing units to the two categories of public servants.
Speaking shortly after the ruling, the petitioners’ lawyer, John Maina, said the court had determined that the proposed reservations were not supported by any existing law.
“What the court opened is that those statements made by the President allocating 20 per cent of the units to the police and to teachers, the court found, are null and void. It is not supported by any existing law,” Maina said.
The petitioners had argued that the proposal would unfairly give teachers and police officers preferential access to housing at the expense of other Kenyans seeking to benefit from the programme.
They maintained that the Affordable Housing Programme relies on public resources and contributions from Kenyans working in different sectors, including informal workers, unemployed young people and other public servants.
The respondents, however, defended the presidential pronouncements, arguing that Ruto was acting within his constitutional mandate to coordinate government functions.
In her ruling, Justice Nyaundi emphasised that the exercise of executive authority must comply with the law. She noted that presidential declarations cannot be used to amend or introduce housing allocation requirements established by Parliament.
Under the Affordable Housing Regulations, applicants must be Kenyan citizens aged at least 18 years and must not have previously benefited from an affordable housing unit.
Applicants are also required to submit their applications online through the Affordable Housing Board, which verifies their documentation and assesses their ability to make payments.
The regulations further provide for the prioritisation of vulnerable groups, including young people, women and persons with disabilities, within the established allocation framework.
