The High Court has declared unconstitutional President William Ruto's directive to reserve 20 per cent of affordable housing units for teachers and police officers, the Daily Nation reported. Justice Patricia Mande Nyaundi ruled that the preferential allocation had no legal basis. She quashed the directives, which were issued on June 3 and September 13, 2025.
According to the Nation, the judge said the President's directives could not override the allocation criteria in the Affordable Housing Act and its regulations. She found that they lacked any statutory or policy basis and were therefore legally ineffective. She made no order on costs because the case was in the public interest.
The judge said the Executive could help implement the law but could not change it. Nor could it create preferences outside the legal framework. Allowing that, she said, would let "executive fiat" prevail over a law enacted under the Constitution. She added that the President, like every other State officer, is bound by the Constitution and the law.
Attorney-General Dorcas Oduor represented the President. She conceded that the pronouncements had no legal effect and that legislation already governs allocation. She also defended the directives under Article 132(3)(b) of the Constitution, which empowers the President to direct and coordinate ministries. Justice Nyaundi called that reliance "misplaced". She said the provision cannot be read apart from Article 10, which sets out national values, including the rule of law.
The petition was filed by John Maina Ndegwa and Marshalls Tito Ongoya. They argued that the 20 per cent reservation violated the principle of equality and the right to housing under Article 43. They also asked the court to compel the Affordable Housing Board to publish inclusive allocation criteria. In addition, they sought orders directing Parliament to enact rules on allocation.
The Attorney-General and the Kenya National Union of Teachers (Knut) urged the court to dismiss the petition, the Nation reported. They argued that the claims were speculative and lacked evidence. The Kenya Union of Post Primary Education Teachers (Kuppet) also opposed it. Kuppet deputy Secretary-General Moses Nthurima told the court that Ruto had hosted more than 100,000 teachers' representatives at State House. The meeting took place on September 13, 2025, during the Walimu na Rais forum.
Kuppet Secretary-General Akello Misori criticised the ruling. He said that courts "are enemies of progress". He added that teachers and police are heavily taxed and are the majority contributors.