President William Ruto’s promise to give teachers and police officers priority in affordable housing has hit a legal wall, with the High Court ruling that presidential declarations cannot override the law.
In a judgment delivered by Lady Justice Patricia Nyaundi Mande ruled that President Ruto’s announcements on June 3 and September 13, 2025, had no legal effect in changing the criteria for allocating houses under the Affordable Housing Act and its regulations.
The ruling followed a constitutional petition filed by John Maina Ndegwa and Marshall Tito Ongoya, who challenged proposals to reserve portions of affordable housing units for teachers and members of the National Police Service.
The petitioners questioned the legality of granting the two groups preferential access to the houses without a clear legal basis.
Justice Nyaundi Mande rejected the argument that the President could rely on Article 132(3)(b) of the Constitution, which empowers him to direct and coordinate the functions of ministries and government departments, to introduce new housing allocation criteria.
The judge maintained that presidential authority must be exercised within constitutional limits and cannot be used to alter legislation enacted by Parliament.
The dispute arose after President Ruto, during engagements with teachers and police officers, announced plans to set aside affordable housing units for the two groups in recognition of their service to the country.
The decision now puts the proposed preferential allocation in question, with housing distribution required to follow the criteria established under existing law.
The ruling comes as the government continues implementing its Affordable Housing Programme, which has seen thousands of units completed and occupied.
The case raises broader questions about whether public housing funded through a national programme should give priority to selected professional groups and whether such preferences require explicit legal provisions.
With the court drawing a line between presidential promises and the law, the government will have to ensure that housing allocation decisions comply with the existing legal framework.
