Teachers and police officers will have to compete for affordable housing units on the same terms as other Kenyans after the High Court quashed President William Ruto's directives reserving a share of the homes for the two groups.

In a judgment delivered in Nairobi, Justice Patricia Nyaundi Mande found that the President's announcements of June 3 and September 13, 2025, which reserved 20 per cent of units for teachers and 20 per cent for members of the National Police Service, had no basis in law or policy. The ruling has been widely discussed online by teachers, police officers and others hoping to buy homes.

What the court said

The case was filed by John Maina Ndegwa and Marshall Tito Ongoya. They argued that setting aside homes for particular professions discriminated against other Kenyans and threatened the right to housing under Article 43 of the Constitution.

The judge held that allocation criteria are set by the Affordable Housing Act and its regulations, and that a presidential pronouncement cannot override them. "Executive authority may facilitate the implementation of the law, but it cannot alter the law or create rights and preferences outside it," she said, according to court reports.

The Attorney-General, appearing for the President, accepted that the statements had no legal effect but argued that Article 132(3)(b), which allows the President to direct and coordinate government functions, covered them. The judge rejected that argument. She said the power must be read together with Article 10 on national values and the rule of law, and that it does not let the Executive change criteria set by Parliament.

She also dismissed the claim that the petition was premature. Even though the preference had not been put into effect, it raised a real constitutional question. No costs were awarded because the case was filed in the public interest.

Unions unhappy

The Kenya Union of Post Primary Education Teachers (KUPPET), which joined the case to oppose the petition, reacted angrily. Secretary-General Akello Misori was quoted by the Daily Nation as saying "The courts are enemies of progress and are captured by activism."

KUPPET had argued that the President's remarks were only proposals that would have needed changes to the law before taking effect. The union pointed to a September 2025 State House meeting with teachers' representatives at which the plan was discussed.

What it means for buyers

The ruling does not touch the Affordable Housing Act, stop construction or bar teachers and police officers from owning homes under the programme. They remain free to register on the Boma Yangu platform and apply like any other Kenyan.

It is, however, a setback for one of the government's flagship programmes as the 2027 election approaches, since reserved units had been promoted as a reward for two large groups of public servants. It was not clear by Saturday whether the Attorney-General would appeal.

Photos: Eastleigh Voice; KDRTV. Thumbnail design: HAMASTA MEDIA.