The High Court of Kenya has ruled that President William Ruto's announcements giving priority to teachers and police officers in the allocation of affordable housing units are unconstitutional. According to Justice Patricia Nyaundi Mande, the President's announcements made on June 3 and September 13, 2025, had no legal effect as they were not supported by legislation or an established policy framework. This ruling was made in response to a case filed by John Maina Ndegwa, Marshalls Tito Ongoya, and two other petitioners.
The petitioners challenged a proposal to reserve 20 percent of affordable housing units for teachers and police officers, arguing that it was unfair and unconstitutional. They claimed that all Kenyans have an equal right to housing under Article 43 of the Constitution and that giving selected professional groups priority required a lawful basis. The court's decision was based on the fact that the President's announcements were not provided for in the law and therefore could not change the criteria set out in the Affordable Housing Act.
Justice Nyaundi Mande stated that executive authority may facilitate the implementation of the law, but it cannot alter the law or create rights and preferences outside it. The court held that the allocation of affordable housing units must follow the Affordable Housing Act and its regulations. This means that the President's powers under Article 132 of the Constitution do not allow the Executive to override laws passed by Parliament.
The respondents and interested parties conceded that the presidential announcements had no legal effect because legislation already governed the allocation of the houses. As a result, the court declared that the two announcements could not lawfully change or add to the existing allocation criteria. This ruling implies that any changes to the allocation criteria must be made through the legislative process.
The case was sparked by President Ruto's announcements giving priority to teachers and police officers in the allocation of affordable housing units. The President made these announcements on June 3 and September 13, 2025, without consulting the relevant stakeholders or amending the existing laws. The court's decision has significant implications for the allocation of affordable housing units in Kenya.
The Affordable Housing Act and its regulations will continue to guide the allocation of affordable housing units in Kenya. The court's decision ensures that the allocation of housing units is fair and equitable, and that all Kenyans have an equal opportunity to access affordable housing. This ruling also underscores the importance of the rule of law and the separation of powers in Kenya's constitutional framework.
The court's decision is a significant milestone in the implementation of the Affordable Housing Act. The government will need to ensure that any future changes to the allocation criteria are made through the legislative process. The court's ruling also highlights the need for the government to engage with stakeholders and the public in the development of policies and laws related to affordable housing.
Key points
- The High Court of Kenya rules that President Ruto's priority allocation of affordable housing to teachers and police is unconstitutional.
- The court's decision is based on the fact that the President's announcements were not provided for in the law.
- The Affordable Housing Act and its regulations will continue to guide the allocation of affordable housing units in Kenya.
