Nairobi, Kenya – October 29, 2026 – The High Court has ruled that presidential pronouncements giving teachers and police officers preferential access to affordable housing units have no legal effect without a basis in law or policy.
In a judgment delivered on Thursday by Lady Justice Patricia Nyaundi (also referred to as Justice Patricia Nyaundi Mande) at the Milimani Law Courts, the court held that the President cannot introduce new housing allocation criteria through executive pronouncements where the law does not provide for them.Kenyans
The ruling nullifies remarks made by President William Ruto on June 3, 2025, and September 13, 2025, in which he proposed reserving 20 per cent of units under the Affordable Housing Programme for teachers and members of the National Police Service. The court declared that these pronouncements “are of no legal effect and cannot lawfully alter or supplement the criteria for allocation of housing units established under the Affordable Housing Act and its Regulations.”Kahawatungu
Justice Nyaundi emphasised that while the President has constitutional authority under Article 132 to direct and coordinate the functions of the national executive, that power does not extend to varying or creating criteria outside those 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. Allowing otherwise, the judge said, would permit executive fiat to override a statutory framework, which is incompatible with the rule of law.The-star
The decision followed a constitutional petition filed by lawyer John Maina Ndegwa and Marshalls Tito Ongoya. The petitioners argued that the proposed preferential allocation was discriminatory, lacked parliamentary approval and public participation, and undermined the mandate of the Affordable Housing Board. They noted that the programme is funded by public contributions from Kenyans across all occupations.Kahawatungu
The State and some interested parties, including teachers’ unions, had defended the pronouncements as proposals within the President’s coordinating role or as ideas that would require legislative action. The court rejected arguments that the petition was premature, holding that constitutional challenges can be brought where a rights violation is threatened.Kahawatungu
Under the existing Affordable Housing Act and regulations, allocation is based on criteria such as Kenyan citizenship, age (18 and above), and not having previously received a unit. Applications are processed online, with priority for vulnerable groups. Teachers and police officers remain eligible to apply on the same basis as other Kenyans; the ruling simply means presidential statements alone cannot create special reserved quotas.Ynews
The judgment reinforces the separation of powers and the principle that public programmes must be administered according to law, equality, transparency, and accountability.