Kenya's High Court Rules Ruto Cannot Reserve Housing Units for Teachers and Police

Kenya's High Court has ruled that President William Ruto's directives seeking to reserve affordable housing units for teachers and police officers have no legal effect, finding that the President cannot create preferential allocation criteria outside the law.

Justice Patricia Nyaudi Mande declared that the pronouncements made on June 3 and September 13, 2025, which sought to set aside 20 per cent of affordable housing units for teachers and another 20 per cent for members of the National Police Service, could not lawfully alter or supplement the criteria established under the Affordable Housing Act and its regulations.

In a judgment delivered on Thursday, the judge held that although the President has constitutional powers to direct and coordinate government functions, those powers do not extend to changing legislation enacted by Parliament. "Executive authority may facilitate the implementation of the law, but it cannot alter the law or create rights and preferences outside it," she ruled, adding that to conclude otherwise would allow "executive fiat to prevail over a statutory framework enacted pursuant to the Constitution".

The petition was filed by John Maina Ndegwa and Marshall Tito Ongoya against the State Law Office, the Kenya National Union of Teachers' Nairobi branch and other respondents. The petitioners argued that the affordable housing programme relies on public resources and contributions from Kenyans across professions, and that reserving units for two occupational groups lacked statutory authority, objective allocation criteria and public participation.

The respondents maintained that the President was exercising his mandate under Article 132(3)(b) of the Constitution to coordinate ministries and government departments, that the remarks did not amend the Act or bind the Affordable Housing Board, and that the case was premature because no allocation had yet denied anyone a home. Justice Mande rejected the prematurity argument, finding that the petition raised a legitimate constitutional question even though the preferences had not been implemented.

The court found that introducing preferential treatment through executive declarations would undermine the rule of law and the constitutional principles of equality, transparency and accountable governance. "Once measured against Article 10, the impugned remarks cannot withstand constitutional scrutiny," the judge said, adding that the President, like any other state officer, is bound by the Constitution and the law.

Under the Affordable Housing Regulations, applicants must be Kenyan citizens aged 18 or above who have not previously received an affordable housing unit, and must apply online through the Affordable Housing Board, which verifies documents and assesses payment ability while prioritising vulnerable groups including youth, women and persons with disabilities.