Has Gachagua Read the Constitution? Miguna Asks

Controversial lawyer Miguna Miguna has sparked debate after criticizing remarks by Deputy President Rigathi Gachagua on the government’s role in housing.

In a statement shared on his X account, Miguna questioned whether Gachagua has read and understood the Constitution of Kenya 2010.

“Has Gachagua actually read and understood the Constitution of Kenya, 2010?” Miguna asked.

He took issue with claims attributed to Gachagua that housing is a private matter and not a responsibility of the government.

Miguna rejected that position and argued that housing falls under fundamental rights protected by law.

“I heard him claim, ignorantly, that “the work of the government is not to provide housing for the people of Kenya because that is a private matter. Housing, just like health, education, and food, are basic and fundamental human rights,” he said.

He added that the state carries a duty to ensure access to these rights, especially for vulnerable groups.

Furthermore, Miguna pointed to constitutional provisions that require the government to take deliberate steps toward the realization of socio-economic rights.

He said leaders must align their statements with the law to avoid misleading the public.

Housing Debate Gains Momentum

The remarks have intensified discussions around Kenya’s housing policy and the role of government.

Article 43 of the Constitution outlines the right to accessible and adequate housing. It also requires the state to take reasonable measures to achieve that goal.

Also Read: Gachagua Holds Talks With Uhuru Kenyatta’s Ally

At the same time, the debate reflects broader policy differences on how to address the housing deficit.

Some stakeholders support direct government involvement through public housing programs. Others emphasize partnerships with private developers to expand supply.

Ongoing Policy Discussion

The statement highlights ongoing differences in how leaders interpret constitutional responsibilities on socio-economic rights.

However, Rigathi Gachagua has not issued a public response to the remarks.

Also Read: Govt Partners With Safaricom to Allow Kenyans Withdraw Affordable Housing Contributions

As the discussion continues, housing remains a central issue in policy conversations across the country.

The Constitution provides a framework for addressing such rights, while ongoing debate continues to shape how leaders interpret and implement those provisions.

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Affordable Housing project in Nairobi South B. PHOTO/Boma Yangu