Two advocates have filed a constitutional petition seeking to overturn President William Ruto’s directive that reserves 20 percent of affordable housing units for police officers and teachers.
John Ndegwa Maina and Marshall Tito Ongoya, both human rights activists, told the court that the president’s public pronouncements on June 3 and September 13, 2025, violated the Constitution. They argue that the decision was made without public participation, a mandatory requirement for policy actions that directly affect citizens.
In their pleadings, the lawyers say the president’s unilateral move undermines inclusivity and fairness by giving preferential access to housing to select groups, while excluding millions of other Kenyans who also fund the programme through taxes. “The discriminatory allocation denies equal treatment and unfairly excludes the majority of Kenyans,” they contend, warning that the directive effectively entrenches privileges for certain professions at the expense of others.
The petition further claims that the president acted outside the law by bypassing Parliament, which has the constitutional mandate to enact regulations guiding the allocation of public resources such as housing. The petitioners are asking the court to restrain the president, his ministries, and allied agencies from implementing or enforcing the directive until clear legal frameworks are enacted.
The Cabinet Secretary for Housing and Urban Development, the Affordable Housing Board, the National Police Service, the Teachers Service Commission, and their trade unions have been listed as respondents and interested parties in the case. The court is expected to set directions on the matter in the coming days, in what could become a landmark test of executive powers in housing and public policy.
