Petitioner warns millions could lose land under new Rating Act

For many Kenyans, land is more than property. It is heritage and livelihood. Yet, a new law introduced by President William Ruto’s administration now threatens to strip millions of citizens of this fundamental right. 

In a petition filed at the Milimani High Court, lawyer Shadrack Wambui, through his lobby group Sheria na Mtaani, is seeking to block sections of the National Rating Act, 2024, which he says allow county governments to auction private land over unpaid rates without court orders.

Wambui also wants the court to declare the entire Act unconstitutional, arguing that it was passed “without meaningful public participation, without any public sensitization, and in a manner that excluded the most affected category, landowners.”

“The Act’s passage was tainted by profound flaws: it was enacted without meaningful public participation, without any public sensitization, and critically, without inviting input from the Commission on Revenue Allocation, an omission that is a fatal constitutional defect under Article 205 of the Constitution,” the advocate states in his petition.

He says Parliament only issued a brief advertisement giving Kenyans six days to respond to a deeply technical Bill that overhauls the administration of land rates across all 47 counties.

Wambui further faults MPs and Senators for rushing the Bill’s passage and for failing to involve the Commission on Revenue Allocation (CRA), as required under Article 205 of the Constitution, given that the law directly affects county finances.

The contested Act, initially sponsored by National Assembly Majority Leader Kimani Ichung’wah in 2022, was assented into law by President Ruto.

It paves the way for county governments to auction private land for unpaid rates without judicial approval.

According to Wambui, recovery of land rates in Kenya has historically been a judicial process, where rating authorities were required to sue defaulters and only proceed with an auction after a court decree.

He argues that the new Act discards that protection and represents a radical departure from the established constitutional norms protecting property rights.

The petition challenges the constitutionality of Sections 19(3)(d) and 19(4) of the Act on grounds that they violate Article 40 of the Constitution, which protects the right to own property. 

These provisions empower county governments to take over private land and auction it to recover unpaid property rates without requiring a court order.

“The right to own and control property is a cornerstone of our Constitution. Allowing counties to auction private land without judicial oversight turns the law into a tool of coercion rather than governance,” Wambui says.

“This is unprecedented in our legal framework. Normally, a court must determine whether seizure of property is justified. The Act removes that safeguard entirely.”

“For many Kenyans, land is not just an asset,  it is livelihood, shelter, and a source of intergenerational security. The idea that this can be auctioned off at the whim of county governments is alarming.”

Wambui maintains that the law’s enactment process violated constitutional procedures.

Under Article 201 of the Constitution, the government must ensure public participation in the passage of laws affecting citizens’ rights and interests.

He notes that the National Rating Act, 2024, was enacted without properly involving all stakeholders, particularly private landowners.

While the government has defended the legislation as a tool to help counties collect overdue rates and fund local services, Wambui argues that there are already legal mechanisms for rate collection that do not involve stripping owners of property without due process.

“The Act, as currently written, prioritises revenue collection over the fundamental rights of citizens,” he says.

“Our courts must intervene before irreparable harm is done.”

Wambui is seeking urgent conservatory orders halting the implementation of Sections 19(3)(d) and 19(4) of the Act, arguing that they give county executives unchecked power over private property.

“Pending the hearing and determination of this application, a conservatory order be issued staying the operation, enforcement, and implementation of Section 19(3)(d) and Section 19(4) of the National Rating Act, 2024, including any county legislation enacted pursuant thereto, to the extent that they authorize the auction of rateable property without prior judicial authorization,” he states.

The lawyer warns that several counties including Nairobi county have already issued notices of impending auctions over arrears, terming the petition urgent because private property stands on the brink of arbitrary and irreversible dispossession.

He adds that once property is auctioned, no effective remedy can be offered even if the court later rules in favour of landowners.

The lawsuit is pending directions and hearing at the Milimani High Court.