President Ruto's Housing Allocation Directives Declared Unlawful by High Court

The Nairobi High Court has ruled that President William Ruto’s pronouncements to set aside 20 percent of affordable housing units for teachers and another 20 percent for police officers have no legal effect.

Justice Patricia Nyaundi Mande delivered the judgment on October 29, 2026 at the Milimani High Court, case No. HCCHRPET/E614/2025.

The court held that although Article 132(3)(b) of the Constitution permits the President to direct and coordinate ministries, that power does not extend to varying statutory allocation criteria established by Parliament in the Affordable Housing Act 2024 and its regulations.

Petitioners John Maina Ndegwa and Marshall Tito Ongoya contended that the proposed reservations would unfairly favour teachers and police, breach constitutional guarantees of equality and non-discrimination, and lack parliamentary approval or public participation.

Respondents, including the State Law Office, the Attorney General and the Kenya National Union of Teachers Nairobi Branch, argued that the President was merely exercising his constitutional mandate and that the case was premature because no allocation had yet been denied.

Justice Mande rejected the premature-case argument, noting that the Constitution allows individuals to seek judicial redress when a right is threatened, and affirmed that the Affordable Housing Board’s existing framework must govern all allocations.

The judgment declared the June 3 and September 13, 2025 pronouncements null and void, stating they cannot lawfully alter or supplement the allocation criteria under the Affordable Housing Act and its regulations.

No order on costs was made, with the court noting that the petition was filed in the public interest.

The Affordable Housing Programme, a flagship government initiative funded through public-private partnerships, allocates units via an online application process overseen by the Affordable Housing Board and prioritises vulnerable groups such as youth, women and persons with disabilities.