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Thursday, 29 October

Kenya

Court quashes Ruto’s order reserving 20% of affordable homes for teachers, police

The High Court ruled on Thursday that President Ruto's directives reserving 20 per cent of affordable housing units for teachers and police officers have no legal basis. Both groups must now apply under the same criteria as other Kenyans.

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…

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