Sheria Mtaani na Shadrack Wambui has moved to court seeking orders compelling the government to ensure that the Cabinet resolution contained in the Cabinet News dated 11th November 2025, to the effect of implementing the waiver on interests and penalties accruing on loans taken by low-income settlers in the over five hundred and twenty (520) settlement schemes, spread across twenty-six (26) counties, is hereby implemented.
The Lobby group also wants the National Lands Commission to be decentralized to have off-post branches across all the counties, especially the far-flung counties, to enable the citizens residing there get clearance for their land-related matters, without necessarily having to travel all the way to the central registry at Ardhi House, Nairobi.
Pending the hearing and determination of the application, an order does issue compelling the respondents, individually and/or collectively, to personally ensure a refund to any and all Kenyans falling under the described low-income settlers’ category, who will have paid the said interests and penalties accrued thereon after the duration for the implementation of the said cabinet resolution lapsed.
The Cabinet decision approved a waiver on interest and penalties on loans issued under the Land Settlement Fund, affecting settlers in 520 settlement schemes spread across 26 counties, with an accumulated loan portfolio estimated at Sh12.3 billion.
According to court documents, the waiver was intended to ease the financial burden on low-income settlers, enable them to clear their principal balances, obtain title deeds and use their land as collateral for investment, in line with the government’s Bottom-Up Economic Transformation Agenda.
The waiver followed recommendations by the Land Settlement Fund Board of Trustees, which noted that many settlers had been unable to repay accrued interest due to prolonged economic hardship, low agricultural productivity and decades-long arrears.
However, Omari and Wambui argue that the Principal Secretary in the State Department for Lands, acting under the Ministry of Lands, has failed to implement the directive, allowing interest and penalties to continue accruing despite the Cabinet resolution.
They contend that the continued non-implementation has exposed settlers to further financial hardship, forcing them to service both principal amounts and accumulating interest contrary to the government’s stated policy position.
