A debate ensued among Kenyans online after President William Ruto misquoted the Constitution of Kenya while addressing a rally in Western Kenya.
The Head of State was speaking in Bungoma on February 1, 2024, when he went on to quote the Constitution.
He made the remarks while defending the controversial affordable housing project whose future now hangs in the balance after the Court of Appeal rule that the state was deducting Kenyans cash illegally.
“Section 25 of the constitution of Kenya mandates me to explain if there is a problem if we cannot raise money to do housing. We have a plan to raise money for housing,” said President Ruto.
A fact-check by The Kenya Times confirmed that the Constitution of Kenya does not have a Section 25 but rather an Article 25.
Article 25
Also, the actual article 25 covers about Fundamental Rights and Freedoms, and not about housing.
“Fundamental Rights and freedoms that may not be limited. Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited-
(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;
(b) freedom from slavery or servitude;
(c) the right to a fair trial; and
(d) the right to an order of habeas corpus,” states the article.
Also Read: President Ruto Clarifies Plan to Privatize Ailing Sugar Company
The constitution of Kenya which was promulgated in August 2010 is divided into eighteen chapters made up of a total of 264 articles.
What Kenyans said
A user named Odira Teddy reacted to President Ruto’s mistake pointing out that he quoted a section rather than an article.
“The president said Section 25 of the constitution instead of Article 25. It makes you wonder if he is still stuck in the old Constitution which was in my opinion just an Act.
Ok maybe this is forgivable. Article 25 is on freedoms that may not be limited,” he said.
On the other hand, another user went on to react, pointing out that even if the head of state referred to article 25 it had nothing to do with housing.
“What is the President talking about? What Section 25? Does he mean Article 25? What does that have to do with housing?” posed Gathara.
However, a section of Kenyans came to the defense of the President, noting that he is human too.
President Ruto on Housing
Ruto is adamant that he will implement the Housing Levy with or without the Court’s greenlight.
Also Read: Mjengo Workers Hold Housing Levy Protests
However, the state suffered a blow after the Court of Appeal held that the housing levy deductions remain suspended.
“In conclusion, we find and hold that none of the 4 consolidated applications satisfies both limps. Accordingly, Civil applications Nos. E577 of 2023, E581 of 2023, E585 of 2023 and E596 of 2023 are hereby dismissed.
“We make no orders as to Costs. However, we direct that the appeals be heard expeditiously so that the issues raised in the appeals can be resolved with finality,” read part of the ruling.
Following the appellate court’s ruling, the head of state has since continued to defend the affordable housing project highlighting the number of jobs it has created.
The head of state said the project currently employs over 130,000 young people and the number will shoot to 300,000.
“I want to tell the people who have gone to court, many of them have jobs, they want to deny opportunities to people who have never worked.
We are on a mission to ensure equity and equality for all people of Kenya.”
Ruto’s Academic Qualifications
Kenya’s 5th President has a PhD in Plant Ecology, which he earned from the University of Nairobi.
Ruto pursued bachelor’s degree in Botany and Zoology at UoN before enrolling for a masters.
He attended Kerotet Primary School and proceeded to Wareng Secondary and later to Kapsabet Boys, which is now a national school in Nandi County.
He was born in Sugoi village, Uasin Gishu county. Ruto is also a prominent chicken farmer.
