On 29 October 2026 Justice Patricia Mande of the Milimani High Court delivered a judgment that the President’s June 2025 and September 2025 remarks about setting aside affordable housing units for teachers and police officers have no legal effect.

The petition, filed by representatives of the Kenya National Union of Teachers and members of the National Police Service, argued that earmarking a portion of the homes for these professions breached constitutional guarantees of equality, non‑discrimination, transparency and public participation.

Petitioners further contended that the affordable‑housing programme, financed by taxpayers, must be administered through objective criteria established in the Affordable Housing Act rather than through ad‑hoc presidential statements.

The Attorney General and officials from the affordable‑housing programme responded that the President’s comments did not amend the Act or its regulations and therefore could not change the existing allocation framework.

Justice Mande ruled that the case was justiciable because the statements were publicly made and raised issues suitable for judicial review, emphasizing that executive actions must operate within the limits set by Parliament.

The judgment did not award costs, noting the public‑interest nature of the dispute, and it stopped short of finding that any individual teacher or police officer had already received a unit unlawfully.