Kiambu County Governor Kimani Wamatangi speaks to the Daily Nation at his office in Kiambu on November 6, 2025.
Kiambu Governor Kimani Wamatangi is embroiled in a dispute with the Real Estate Stakeholders Association (Resa), which accuses the county of deliberately refusing to approve development projects worth Sh20 billion—a matter that has now landed the two parties in court.
The authority, an umbrella body representing real estate developers and land-selling companies in Kenya, opposes a recently issued directive allegedly by the Kiambu County government that compels developers to cede 20 per cent to 30 per cent of their land to the county for agricultural use.
The directive cites the Integrated Strategic Urban Development Plan and the Draft Kiambu County Spatial Plan published on June 5 this year.
The association has told the Environment and Land Court in Thika that the directive is punitive, commercially motivated and contrary to Section 58 of the Physical and Land Use Planning Act, 2019, which only provides for the surrender of land for public utilities and amenities, not agricultural land or general development control.
“Although the respondents have not disclosed the reasons for the non-processing or silent rejection of applications, it has become apparent that the delay is likely connected to the new proposed changes to the intergrated development plan and Draft Kiambu County Spatial Plan, which have not been subjected to public participation and are being applied retrospectively to applications submitted long before their formulation,” it said in its court filings.
The authority further argued that the ongoing standoff has exposed property owners to unlawful deprivation, undermining legitimate expectations on ongoing projects and putting them in conflict with clients.
The association insists that no legislation has been passed to legitimise the proposed changes. On its part, Kiambu County says the requirements it is imposing on investors are legally binding.
Kiambu County Governor Kimani Wamatangi speaks to the Daily Nation at his office in Kiambu on November 6, 2025.
The county insists it is not seeking to frustrate developers but aims to establish infrastructure and public amenities strictly for public use.
The county administration cites the Physical and Land Use Planning Act of 2019 and the Physical and Land Use Planning Regulations of 2021, which govern subdivision, amalgamation, change of land use and development permissions.
Last Friday, the court issued an interim conservatory order restraining Kiambu County from implementing the proposed changes to the ISUDPs, the Draft Kiambu County Spatial Plan, or any related demands, including the requirement that developers surrender portions of their land as a precondition for development approvals.
The court set the inter partes hearing for January 21,2026.
“This interim order restrains the respondents, their servants, or agents from implementing, enforcing, or giving effect to the proposed changes to the ISUDPs and Draft Kiambu County Spatial Plan, including the requirement for developers to surrender land, pending the hearing of the application,” the judge ruled.
This is not the first time Governor Wamatangi’s administration has clashed with investors over delayed or rejected approvals tied to land cessions for public use.
In July last year, a high-profile dispute emerged between the governor and Tatu City, a mixed-use real estate development, after the county declined to approve its master plan for the third time.
Kiambu County Governor Kimani Wamatangi speaks to the Daily Nation at his office in Kiambu on November 6, 2025.
Mr Wamatangi insisted that the developer cede 40 acres for public amenities such as schools, hospitals and playgrounds.
Tatu City, through its development arm Rendeavour, maintained that the demand was unconstitutional, arguing that private developers are not legally compelled to surrender land.
They further argued that if the county required the acreage, it should pay the market rate of Sh4.3 billion for the 40 acres sought.
Governor Wamatangi has consistently maintained that the land would be used exclusively for public infrastructure, not personal gain.
“I went to Tatu City and met the investors who, for the past 14 years, have been building factories, residential and commercial houses and selling land in Kiambu County, which is a good thing because it creates jobs. But the law says that if you acquire land for development, you must set aside a portion for public purposes, which they have never done,” he said.
