Bad News for Ruto as Court Declares Housing Allocation Promises to Teachers, Police Unlawful

The High Court has dealt a blow to President William Ruto’s affordable housing programme after declaring his pronouncements reserving 20 per cent of housing units for teachers and police officers to be of no legal effect.

In a judgment delivered on Thursday, October 29, 2026, Justice Patricia Nyaundi Mande ruled that the President could not introduce preferential housing allocation criteria outside the existing legal framework.

The ruling concerned announcements made by Ruto on June 3 and September 13, 2025, when he indicated that teachers and police officers would receive priority in the government’s affordable housing programme.

The judge explained that although the President has constitutional powers to coordinate government operations, those powers do not allow him to change laws enacted by Parliament.

Justice Nyaundi emphasised that the allocation of affordable housing units must follow the Affordable Housing Act and its regulations. Any changes to the existing criteria must have a proper legal or policy foundation.

The case followed a constitutional petition filed by human rights advocates John Maina Ndegwa and Marshall Tito Ongoya, who challenged the proposed preferential treatment of the two groups.

The petitioners argued that the housing programme draws on public resources and contributions from Kenyans across different professions and income levels. They maintained that reserving houses for selected groups without a clear legal basis could disadvantage unemployed young people, informal sector workers and other members of the public.

The government defended the President’s position, arguing that his remarks fell within his constitutional mandate to coordinate ministries and government departments.

However, the court found that executive declarations could not override the statutory framework governing housing allocation.

The ruling raises questions about how the government will implement its affordable housing programme while ensuring that allocation criteria comply with the law.

The decision comes as the government continues promoting affordable housing as one of its flagship development projects.

The latest development has also attracted public attention, with Kenyans expected to debate its implications for teachers, police officers and other citizens seeking affordable homes.

Miles.ke feedback-opera-news-app@opera.com