The High Court has ruled that President William Ruto’s pronouncements to reserve 20 per cent of the Affordable Housing units for teachers and police officers are unconstitutional and thus null and void.
In a judgment delivered by Lady Justice Patricia Nyaundi on Thursday, October 29, the court declared that the pronouncements have no legal effect without a basis in law or an established policy.
The court held that Ruto cannot introduce new housing allocation criteria through executive pronouncements where such provisions are not supported by the law.
The ruling invalidates the proposals announced on June 3 and September 13, 2025, which sought to reserve portions of affordable housing units for teachers and police officers under the government’s Affordable Housing Programme.
Entrance to Milimani Law Courts, Nairobi.
Photo
The Judiciary of Kenya.
“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 decision followed a constitutional petition filed by two petitioners challenging the proposed reservation of 20 per cent of the housing units for the two groups of public servants.
Speaking moments after the judgment, the petitioners’ lawyer, John Maina, said the court had found that the proposed allocations lacked a legal foundation.
“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 moved to court, challenging the proposal on grounds that it would unfairly favour selected groups over other Kenyans seeking housing.
The petitioners argued that the programme draws on public resources and contributions from Kenyans across different occupations, including informal sector workers, unemployed young people and other civil servants.
However, the respondents defended the President’s pronouncements, arguing that he was exercising his constitutional mandate to coordinate government functions.
Justice Nyaundi ruled that executive authority must be exercised within the law, noting that presidential declarations cannot change allocation requirements established by Parliament.
Under the Affordable Housing Regulations, applicants must be Kenyan citizens aged 18 or older and must not have previously received an affordable housing unit.
Applicants must apply online through the Affordable Housing Board, which verifies documents and assesses payment ability, prioritising vulnerable groups including youth, women and disabled people.
The Pioneer Affordable Housing Estate in Eldoret, Uasin Gishu County, October 18, 2026.
PCS
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