The High Court in Milimani has declared unconstitutional President William Ruto’s directives reserving 20 per cent of affordable housing units for teachers and police officers, ruling that the allocation amounted to an unlawful alteration of the established housing distribution framework.
In a judgment delivered on Thursday, October 29, 2026, Justice Patricia Nyaundi ruled that the President’s announcements, made on June 3 and September 13, 2025, had no legal effect in the absence of a statutory or policy basis.
The court held that the right to housing, guaranteed under Article 43 of the Constitution, applies equally to all Kenyans and cannot be reserved for particular professional groups without lawful justification.
Justice Nyaundi noted that the Affordable Housing Act and its accompanying regulations already provide a legal framework for allocating housing units, which must be followed by all government officials, including the President.
The judge emphasised that while the Executive has a responsibility to implement the law, it cannot independently amend existing legislation or introduce new allocation criteria outside the established legal framework.
“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 judge ruled.
The decision followed a petition filed on September 29, 2025, challenging the President’s decision to set aside a portion of the affordable housing units for teachers and police officers.
