Rights group seeks intervention to enforce loans waiver for low-income settlers

The application filed by Sheria Mtaani and Shadrack Wambui, argues that despite the government’s announcement in the Cabinet News of November 11, 2025, settlers continue to accrue interest and penalties, undermining the intended relief. 

They argue that the waiver covers more than 520 settlement schemes in 26 counties.

In their motion, the applicants described the matter as “extremely urgent” and requested the court to hear the case ex-parte, arguing that immediate action is needed to prevent further financial harm.

“The continuing accumulation of interest and penalties is plunging low-income settlers into a financial dungeon,” said Shadrack Wambui, co-applicant. “These citizens are forced to pay loans and penalties even after the government promised relief. If this waiver is not implemented immediately, thousands of families risk financial ruin.”

The applicants are also calling for the National Lands Commission to decentralize its services, allowing residents in remote counties to access land clearance without traveling to Nairobi. 

They further seek a court order requiring government officials to refund any settlers who pay penalties or interest after the waiver announcement.

“The Cabinet resolution of 11th November 2025 was meant to ease the burden on our people,” said Sheria Mtaani, the lead applicant. “But the continued delay in implementation is a constant reminder to these settlers of their lack of ownership over their land and the increasing financial strain they face.”

The application targets the Chief of Staff and Head of Public Service, the Cabinet Secretary for Lands, Public Works, Housing and Urban Development, and the Principal Secretary for Lands and Physical Planning, with the Cabinet Secretary for National Treasury and Economic Planning listed as an interested party.

According to the applicants, failure to implement the waiver promptly would defeat the purpose of the Cabinet resolution and further prejudice low-income settlers who rely on this relief to manage their loans.

The High Court is expected to hear the matter in the coming weeks, with the applicants urging swift action to protect the livelihoods of thousands of vulnerable Kenyans.