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NAIROBI, KENYA — The High Court in Nairobi has declared that President William Ruto’s directives reserving 20 per cent of affordable housing units for teachers and police officers have no legal effect without a proper statutory or policy foundation.
Delivered at the Milimani Law Courts on Thursday, Justice Patricia Mande Nyaundi ruled that presidential pronouncements cannot lawfully alter or override the criteria established under the Affordable Housing Act, 2024, and its accompanying regulations.
The judgment stems from a constitutional petition filed by lawyers John Maina Ndegwa and Marshalls Tito Ongoya. The petitioners challenged announcements made by the President on June 3 and September 13, 2025, which promised preferential housing allocations to members of the National Police Service and teachers.
They argued that the directives introduced occupational bias without statutory backing, public participation, or parliamentary approval, while undermining the statutory mandate of the Affordable Housing Board.
In defense, the State contended that the petition was premature and argued that Article 132(3)(b) of the Constitution grants the President authority to direct and coordinate executive functions. The State maintained that the remarks were non-binding and did not amend existing legislation.
The Kenya Union of Post Primary Education Teachers (KUPPET), acting as an interested party, also supported the State, characterizing the remarks as mere policy proposals requiring legislative follow-through.
Justice Nyaundi dismissed the State’s preliminary objections, holding that constitutional redress can be sought when a rights violation is threatened. She emphasized that executive authority cannot substitute parliamentary legislation.
“While the President may direct and coordinate the functions of the national executive, that authority does not extend to varying statutory criteria enacted by Parliament,” Justice Nyaundi ruled, warning that allowing executive fiat to supersede legislation directly violates the rule of law.
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