High Court: Ruto cannot give teachers, police priority in affordable housing

NAIROBI, Kenya, Oct 29 – The High Court has ruled that President William Ruto’s announcements giving teachers and police officers priority in the allocation of affordable housing units cannot change the criteria set out in law. Justice Patricia Nyaundi Mande said the President’s announcements made on June 3 and September 13, 2025, had no legal effect because they were not supported by legislation or an established policy framework. The case was filed by John Maina Ndegwa, Marshalls Tito Ongoya and two other petitioners, who challenged a proposal to reserve 20 percent of affordable housing units for teachers and police officers. The petitioners argued 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. In her ruling, Justice Nyaundi Mande said the President could not use executive authority to introduce allocation preferences that were not provided for in the law. “Executive authority may facilitate the implementation of the law, but it cannot alter the law or create rights and preferences outside it,” the judge said. The court held that the allocation of affordable housing units must follow the Affordable Housing Act and its regulations. It also said the President’s powers under Article 132 of the Constitution did not allow the Executive to override laws passed by Parliament. The judge noted that the respondents and interested parties had conceded that the presidential announcements had no legal effect because legislation already governed the allocation of the houses. The court consequently declared that the two announcements could not lawfully change or add to the existing allocation criteria.