Justice Patricia Nyaundi rules that presidential pronouncements cannot change housing allocation criteria without a legal or policy basis.
The High Court has declared President William Ruto’s proposed affordable housing quota for teachers and police officers unconstitutional. The proposal sought to reserve 20 per cent of units for the two groups.
Justice Patricia Nyaundi ruled that the presidential pronouncements lacked a statutory or established policy basis. They therefore had no legal effect and could not change the programme’s allocation criteria.
The judgment invalidates proposals Ruto announced on June 3 and September 13, 2025, under the Affordable Housing Programme.
Why the court rejected the affordable housing quota
Two petitioners challenged the reservation, arguing that it would unfairly favour selected public servants over other Kenyans seeking homes. Their case questioned preferential access to a programme funded through public resources and contributions across occupations.
They also pointed to contributions from informal sector workers, unemployed young people and other civil servants. The petitioners argued against giving teachers and police officers preferential treatment over these other groups.
However, the respondents defended Ruto’s announcements as part of his constitutional responsibility to coordinate government functions. Justice Nyaundi ruled that executive authority must still operate within the law.
Presidential declarations therefore cannot alter or add to allocation requirements established under the Affordable Housing Act and its regulations. After the judgment, petitioners’ lawyer John Maina said the court had found no legal foundation for the proposed reservations.
Existing rules guide access to housing units
Under the Affordable Housing Regulations, applicants must hold Kenyan citizenship and be at least 18 years old. They must also not have previously received an affordable housing unit.
Applicants submit their applications online through the Affordable Housing Board, which checks their documents and assesses their ability to pay. The process also gives priority to vulnerable groups, including young people, women and people with disabilities.
These requirements remain the legal framework for allocating units under the programme. The court’s decision prevents the presidential announcements from adding an occupation-based reservation without support in law or an established policy.
