A city lawyer has moved to the High Court seeking to block county governments from auctioning private land over unpaid rates without first obtaining judicial authorization, accusing Parliament of enacting a law that exposes Kenyans to arbitrary loss of property.
In a constitutional petition filed at the High Court in Nairobi, advocate Shadrack Wambui, through his lobby group, Sheria Mtaani, is challenging the legality of the National Rating Act, 2024, arguing that the new legislation “radically and unconstitutionally” empowers counties to sell land through administrative action.
Wambui says the statute was passed in a manner “tainted by profound constitutional defects” and now seeks urgent orders stopping the implementation of Section 19(3)(d) and Section 19(4) of the Act, which he says give county executives unchecked power over private property.
Pending the hearing of his case, Wambui wants the court to halt any enforcement of the contested sections.
“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
“That pending the hearing and determination of this petition, 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.”
The lawyer contends that historically, recovery of land rates in Kenya was a strictly judicial process where rating authorities were required to sue defaulters and only proceed with auction after the court had issued a decree.
The new Act, he argues, “discards that protection” and represents “a radical departure from the established constitutional norms protecting property rights.”
Wambui is also asking the court to declare the entire Act unconstitutional, saying it was passed “without meaningful public participation, without any public sensitization,” and in a manner that excluded the most affected category, landowners.
He says Parliament only issued a small advert giving Kenyans six days to respond to a deeply technical Bill that overhauls the administration of land rates across the 47 counties.
Additionally, the petitioner faults lawmakers for failing to involve the Commission on Revenue Allocation (CRA) as required under Article 205 of the Constitution, given that the Bill directly affects county finances.
“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,” He argues
Wambui warns that unless the court intervenes, Kenyans risk losing their ancestral land, homes, and livelihood without fair process.
He states the law gives counties “a blank cheque to deprive citizens of land through unilateral administrative action” and that several counties have already issued notices warning of impending auctions over arrears.
He insists the petition is urgent because “private property stands on the brink of arbitrary and irreversible dispossession,” stating that once property is auctioned, no effective remedy can be offered even if the court later rules in favour of landowners.
The petition cites violations of multiple constitutional provisions including Articles 10, 40, 47, 118, 205 among others, and argues that the new law regresses property protections Kenya had established after the 2010 Constitution.
The lawsuit is pending hearing.
