Key facts
- Kenya's Court of Appeal has upheld the Affordable Housing Act and its 1.5% housing levy.
- The ruling dismisses challenges to the legislation, including those from Busia Senator Okiya Omtatah.
- The High Court had previously declared the original levy unconstitutional due to a lack of a comprehensive legal framework and discriminatory application.
- The government introduced a standalone Affordable Housing Bill after the High Court's decision.
- President William Ruto assented to the Affordable Housing Act, 2024, on March 19, 2024.
Kenya's Court of Appeal has upheld the constitutionality of President William Ruto's Affordable Housing Program, including the collection of a 1.5% housing levy. The ruling, issued on Friday, September 25, 2026, dismisses consolidated appeals that had challenged the legislation.
The Court of Appeal's decision provides a stronger legal foundation for the government to continue implementing the housing initiative. The program has faced years of litigation concerning the legality of the levy, the legislative process, and the use of public land for affordable housing projects.
Previously, the High Court had declared the original Affordable Housing Levy unconstitutional, citing a lack of a comprehensive legal framework and discriminatory application against those in formal employment while excluding informal income earners. In response, the government introduced a standalone Affordable Housing Bill, which President Ruto signed into law on March 19, 2024.