By Robert Mutasi 
The High Court has declared President William Ruto’s decision to reserve 20 percent of Affordable Housing units for teachers and police officers unconstitutional, ruling that the presidential pronouncements have no legal effect.
In a judgment delivered on Thursday, October 29, 2026, Lady Justice Patricia Nyaundi ruled that the President cannot introduce additional housing allocation criteria through executive declarations without a supporting legal framework or established government policy.
The court invalidated pronouncements made by President Ruto on June 3 and September 13, 2025, which proposed setting aside a portion of affordable housing units for teachers and police officers under the government’s Affordable Housing Programme.
In her ruling, Justice Nyaundi stated that the presidential announcements could not lawfully change or supplement the allocation criteria provided for under the Affordable Housing Act and its accompanying regulations.
The decision followed a constitutional petition filed by two individuals who challenged the proposed preferential allocation, arguing that it would unfairly benefit selected categories of public servants at the expense of other Kenyans seeking affordable homes.
The petitioners maintained that the housing programme relies on public resources and contributions from Kenyans across different economic and professional backgrounds, including informal sector workers, unemployed young people and other public servants.
Speaking after the judgment, the petitioners’ lawyer, John Maina, welcomed the decision, saying the court had established that the President’s proposal lacked a legal foundation.
Maina noted that the proposed allocation of 20 per cent of the housing units to teachers and police officers could not be implemented without an existing law authorising such preferential treatment.
The respondents had defended the President’s announcements, arguing that he was exercising his constitutional responsibility to coordinate government operations.
However, Justice Nyaundi maintained that executive authority must be exercised within the limits of the Constitution and existing legislation, adding that presidential pronouncements cannot override allocation requirements established by Parliament.
Under the Affordable Housing Regulations, applicants must be Kenyan citizens aged 18 years and above and must not have previously benefited from the Affordable Housing Programme.
Applications are submitted online through the Affordable Housing Board, which is responsible for verifying applicants’ documents and assessing their ability to meet payment obligations.
The regulations also provide for the prioritisation of vulnerable groups, including young people, women and persons with disabilities.
The latest ruling means that teachers and police officers cannot automatically receive preferential consideration based solely on the President’s earlier announcements, unless such an arrangement is supported by the law or an established policy.
Baraka Simba 
Eldoret Leo