Government Assures Kenyans Affordable Housing Homes Are Legally Protected

The government has assured Kenyans that homes purchased under the Affordable Housing Programme remain legally protected, following remarks by former Deputy President Rigathi Gachagua warning against investing in the scheme.

In a statement, the State Department for Housing and Urban Development said property rights in Kenya are protected by the Constitution and cannot be overturned through political declarations. It said claims that future governments could revoke ownership of affordable housing units were misleading and risked causing unnecessary concern among the public.

The department stated that homes acquired through the programme are issued with sectional titles under Kenyan law and are protected by Article 40 of the Constitution. It said a home legally purchased by a Kenyan remains the property of that individual on a permanent and secure basis, regardless of changes in government or political leadership.

Mr Gachagua made the remarks during the launch of the United Alternative Government’s People’s Budget. He advised Kenyans not to buy units under President William Ruto’s Affordable Housing Programme, arguing that such investments could be at risk if the opposition takes power after the 2027 General Election. He also said that abolishing the housing levy would be among the first measures taken by an alternative administration.

The former Deputy President further alleged that public land was being acquired for housing projects and sold at low prices. He did not provide evidence to support the claim.

Responding to the comments, the State Department said the debate over the housing levy should be distinguished from questions of property ownership. It acknowledged that funding arrangements for the programme may remain a subject of political debate, but said such discussions do not affect the legal status of completed housing units.

The government also pointed to the programme’s role in helping first-time homeowners acquire property. It said affordable housing offers many Kenyans an opportunity to move from renting to home ownership while providing long-term security for families and future generations.

The exchange highlights the continuing political debate over the Affordable Housing Programme, a key part of the government’s development agenda. Opposition leaders have questioned its use of public resources, while the government maintains that the initiative is intended to expand access to home ownership.