The government has moved to reassure homeowners and prospective buyers under the Affordable Housing Programme, following former Deputy President Rigathi Gachagua’s warning to Kenyans against purchasing the units.
The government has stated that property rights are protected by the Constitution and cannot be overturned by political declarations.
In a statement issued on Thursday, the State Department for Housing and Urban Development said that recent public pronouncements suggesting that Kenyans who purchase affordable houses could lose their investments under a future administration were misleading and risked causing unnecessary anxiety among homeowners.
“A home lawfully purchased by a Kenyan is that Kenyan’s property fully, securely and permanently. It does not become less so because of who holds public office today, or who may hold it tomorrow. Title lawfully acquired is not a political favour to be withdrawn at will; it is a right that the State exists to defend,” the state department said.
The statement came a day after Mr Gachagua warned members of the public against purchasing houses constructed under President William Ruto’s Affordable Housing Programme. Mr Gachagua spoke during the launch of the United Alternative Government’s People’s Budget.
“I want to put on notice those who are buying Ruto’s affordable houses; please do not buy them. You will lose your money next year when we take over government,” Mr Gachagua said.
The former deputy president also declared that abolishing the housing levy would be among the first actions of the opposition’s administration if it wins the 2027 general election.
Mr Gachagua further alleged that public land was being identified and acquired for housing projects before being sold cheaply, but he did not substantiate these claims.
He also warned Kenyans against purchasing public assets that may be sold before the next general election.
“Do not buy public assets between now and the next general election because you will lose your property once we take over government. Do not feign ignorance since we have told you all this,” he said.
In its response, the State Department sought to distinguish between the debate surrounding the housing levy and the ownership rights attached to completed housing units. The department said that the two issues should not be conflated.
“Whatever debate may take place about the financing of the programme, it has no bearing whatsoever on the ownership of a home that a citizen has already lawfully bought and paid for,” the ministry said.
The department noted that the Affordable Housing Programme is anchored in the Affordable Housing Act 2024 and that beneficiaries receive sectional titles issued under Kenyan law. Such titles, it said, are protected under Article 40 of the Constitution and cannot be revoked through political pronouncements.
The government further argued that many beneficiaries of the programme are first-time homeowners and should not be subjected to uncertainty over their investments.
“For very many beneficiaries of this Programme, an affordable housing unit is the first asset they will ever own, the first step out of a lifetime of renting, and the beginning of security and inheritance for their children,” the statement said.
