Affordable Housing Scheme Faces Legal Hurdle Over Allocation to Police and Teachers
The action by the President denies equal treatment to the unemployed, informal sector workers, other civil servants, and the general population, even though they all contribute to national taxes that finance the program.
A city lawyer has filed a petition before the High Court seeking a conservatory order restraining the implementation of the declaration by the President allocating 20% of Affordable Housing to teachers and police officers.
In the petition under certificate of urgency, lawyer John Maina Ndegwa argues that the right to housing under Article 43 applies to all Kenyans and cannot be ring-fenced to specific professional groups without lawful justifications.
Sitting at the Milimani High Court, Justice Lawrence Mugambi considered the matter urgent. He directed that the petition be served within seven days and the response to the same be filed and served within seven days.
In June 2025, the President made a public pronouncement allocating the affordable houses to the disciplined forces, including the police and teachers. The directives and Memorandum of Understanding (MoU) reserved 20% units of the affordable Housing Units for police and teachers, an action which is discriminatory and unconstitutional.
The lawyer states that there will be an imminent risk and irreparable prejudice to millions of Kenyans if the allocation proceeds, as Public Housing Resources will be distributed unfairly and unlawfully.
Pending the hearing and determination of the application, the lawyer urges the court to issue a conservatory order restraining the Affordable Housing Board, the Cabinet Secretary, Permanent Secretary, or any other organ of the state from allocating and distributing Affordable Housing Units on the basis of the said directives.
The petitioners indicated that the Affordable Housing programme is financed through taxpayers’ funds, levies, and public resources contributed by all Kenyans, and it should be implemented fairly, equitably, and in accordance with constitutional dictates.
“It is in the public interest to suspend implementation of the directives and Memorandum of Understanding to safeguard equality, fairness, inclusivity, and accountability on allocation of tax-funded Housing Projects.” Read part of the document.
Article 27 of the Constitution about Equality and Freedom from Discrimination does not correspond to the directives by the President that create direct discrimination by granting teachers and police officers privileged access to housing at the expense of other Kenyans.
The action by the President denies equal treatment to the unemployed, informal sector workers, other civil servants, and the general population, even though they all contribute to national taxes that finance the program.
The petitioners want an order to restrain the respondents by themselves, their agents, servants, employees, and representatives from implementing, enforcing, or acting upon the said directives and MoU.
Further, they want an order directing the parliament to enact regulations governing allocations of Affordable Housing Units in accordance with the constitution.
The matter will be mentioned on November 6, 2025, for further directions.
