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Low-income Settlers Move to Court to Compel Lands CS to Implement Cabinet Loan Waiver

A lobby group has moved to the High Court seeking orders to compel the Ministry of Lands to implement a Cabinet resolution that waived interest and penalties on land settlement loans owed by low-income settlers across the country.

In the Judicial Review petition filed in Nairobi, Sheria Mtaani na Shadrack Wambui says the Cabinet, through a memorandum/resolution dated November 11, 2025, approved a waiver on accrued interest and land settlement loans affecting settlers in over 520 settlement schemes spread across 26 counties.

Agenda by freeing low-income settlers from ballooning interests and redirecting their earnings towards improving livelihoods.

However, they claim that despite the resolution being adopted as an executive order from the Office of the President, the Cabinet Secretary in charge of Lands, Public Works, Housing and Urban Development has failed to implement it, exposing settlers to continued penalties and growing loan burdens.

Through advocate Danstan Omari, the applicants have asked the court to certify the matter as extremely urgent and issue orders of mandamus compelling the respondents to immediately execute the Cabinet decision.

They also seek an order of prohibition to stop the respondents and the National Treasury, listed as an interested party, from continued non-implementation of the waiver.

In addition, the applicants want the court to compel the respondents to personally refund any low-income settler who paid interest after the implementation period lapsed, arguing that continued payment defeats the intention of the waiver.

In a supporting affidavit, Shadrack Wambui Henry, an advocate and chairperson of the applicant organisation, states that the petition is meant to ensure low-income settlers benefit from the waiver to enable economic growth rather than spending their meagre income servicing constantly accruing penalties.

He adds that the respondents owe Kenyans a duty to implement Cabinet resolutions adopted as executive orders, but nearly three months since the announcement, there has been “little to non-implementation,” especially by the Ministry of Lands.

CH Reporter

CH Reporter

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