The High Court has ruled that President William Ruto cannot reserve affordable housing units for teachers and police officers without a legal basis, dealing a blow to his administration’s plan to give the two groups preferential access to homes under the government programme.
In a judgment delivered on Thursday, October 29, 2026, Justice Patricia Nyaudi Mande declared that presidential announcements seeking to allocate 20 per cent of the units to teachers and another 20 per cent to police officers had no legal effect.
The judge said the President’s constitutional powers to direct and coordinate government operations did not give him authority to change laws passed by Parliament.
“Executive authority may facilitate the implementation of the law, but it cannot alter the law or create rights and preferences outside it,” Justice Mande ruled.
The court noted that the Affordable Housing Act and its regulations already establish the criteria for distributing housing units. Any changes must follow the procedures provided for under the law.
The case followed a constitutional petition filed by John Maina Ndegwa and Marshall Tito Ongoya, who challenged the proposed allocation.
The petitioners argued that reserving 20 per cent of the houses for teachers and a further 20 per cent for police officers would unfairly favour selected professional groups.
They maintained that the housing programme draws on public resources and contributions from Kenyans across different occupations. They also questioned whether the proposed arrangement met constitutional requirements on equality, non-discrimination and public participation.
The respondents defended the President’s announcements, arguing that he was exercising his authority under Article 132(3)(b) of the Constitution to coordinate government ministries and departments.
They further maintained that the statements did not amend the Affordable Housing Act or override the mandate of the Affordable Housing Board.
The respondents also argued that the petition was premature because no evidence had been presented showing that anyone had been denied a house under the proposed arrangement.
However, Justice Mande dismissed that argument, finding that Kenyans could seek judicial intervention where their constitutional rights or the law were threatened, even before an actual violation occurred.
The judge further held that allowing executive announcements to introduce preferential allocation rules would undermine constitutional principles of equality, transparency and accountability.
“Once measured against Article 10, the impugned remarks cannot withstand constitutional scrutiny,” she ruled.
The court consequently declared that President Ruto’s announcements made on June 3 and September 13, 2025, could not change or add to the housing allocation criteria established under the existing law.
The decision does not invalidate the Affordable Housing Programme. Teachers and police officers can still apply for houses under the existing allocation framework, but cannot receive preferential treatment solely on the basis of the President’s announcements.
