Petition filed to block county governments from auctioning private property

The petition, filed by lawyer Shadrack Wambui, seeks conservatory orders to suspend the operation, enforcement, and implementation of Sections 19(3)(d) and 19(4) of the Act, arguing that they violate the right to property and due process.

In the application, the petitioner wants the court to certify the matter as urgent and hear it on a priority basis.

He also wants the case be referred to the Chief Justice for the empanelment of a bench of at least three judges, terming it as one raising substantial questions of law under Article 165(4) of the Constitution.

Wambui contends that the impugned provisions empower counties to auction rateable property administratively — without court oversight, procedural safeguards, or national standards — in violation of Article 40 on the protection of property rights.

He further argues that the law was enacted without meaningful public participation or input from the Commission on Revenue Allocation, contrary to Article 205 of the Constitution. The omission, he says, renders the Act unconstitutional.

“The administrative auction of private property without judicial sanction poses an imminent risk of irreparable harm to landowners. Once auctioned, such property cannot be recovered, rendering this petition nugatory,” reads part of the supporting affidavit.

The petitioner adds that the implementation of the contested provisions could result in widespread property rights violations, threatening livelihoods and ancestral heritage.

He urges the court to preserve the status quo pending determination of the case, arguing that it is in the public interest to safeguard constitutional values, due process, and the integrity of devolution.