More than eight million squatters from 26 counties have taken the government to court, accusing it of delaying a promised debt relief program that could secure their land ownership after decades of uncertainty.
In a petition filed at the Environment and Land Court in Nairobi, the settlers seek judicial intervention to compel the government to implement a 2025 Cabinet decision waiving Sh12.3 billion in accrued interest and penalties on settlement scheme loans.
The case highlights Kenya’s persistent squatter crisis, linking it to stalled land settlement policies and demonstrating how bureaucratic delays perpetuate insecurity for families occupying land they do not legally own.
Filed by lobby group Sheria Mtaani and its chairperson, Shadrack Wambui, the petition accuses senior State officials of failing to enforce an Executive Order issued on November 11, 2025.
The order followed a resolution by the Cabinet, chaired by President William Ruto , approving the waiver of interest and penalties for low-income settlers in 520 schemes across 26 counties.
The decision was based on a recommendation by the Land Settlement Fund Board of Trustees, which found that many settlers could not repay accrued interest due to economic hardship and declining agricultural productivity.
Lands Cabinet Secretary nominee Alice Wahome.
Photo credit: Dennis Onsongo | Nation Media Group
"The continued non-implementation of the Cabinet resolution worsens the plight of vulnerable citizens, denying them land ownership while they remain burdened by penalties," the petition states.
The respondents include Chief of Staff and Head of Public Service Felix Koskei, Lands Cabinet Secretary Alice Wahome, and Lands Principal Secretary Nixon Korir, with National Treasury Cabinet Secretary John Mbadi listed as an interested party.
Squatters demonstrating at a private farm owned by former PS Benjamin Kipkulei in Ndabibi, Naivasha on May 19, 2021. Naivasha Deputy County Commissioner Kisilu Mutua warned them against encroaching on private land.
Photo credit: George Sayagie | Nation Media Group
Court documents reveal that affected settlers have occupied their land parcels for up to 63 years, having largely repaid their principal loans but remaining saddled with mounting interest and penalties.
In his affidavit, Mr Wambui warns that the delay has heightened eviction risks and exacerbated historical land injustices that settlement schemes were meant to resolve.
“Since the resolution was adopted as an executive order, implementation has been negligible,” he states, noting that penalties continue to accumulate despite the waiver.
The petition seeks to secure land tenure, dignity, and economic stability for communities long denied ownership rights. It argues that the government’s inaction violates constitutional guarantees to property and fair administrative treatment, particularly for settlers lacking title deeds.
Describing the settlers as low-income earners reliant on agriculture and casual labour, the petition notes their inability to use land as collateral or transfer it legally.
“Many have been unable to repay accrued interest due to economic hardship and challenges affecting agricultural productivity,” the affidavit reads.
The petitioners demand that the court order the Chief of Staff, Lands Cabinet Secretary, and other officials to act without further delay. They argue that the Executive Order was meant to alleviate financial strain and support the government’s Bottom-Up Economic Transformation Agenda.
Some of the 500 squatters at Lamkani area, Kisauni protest after being evicted from their 135-acre land by a private developer on Nov ember 17, 2019.
Photo credit: File | Nation Media Group
“Pending the hearing and determination of this application, the court should compel the respondents to implement the Cabinet resolution immediately,” their lawyer argues.
Beyond debt relief, the petition identifies structural obstacles, including centralised land administration, which forces settlers in remote areas to travel to Nairobi for basic services. The applicants urge the National Land Commission to decentralise its operations to the counties.
Failure to intervene, the petition warns, will leave settlers paying penalties "despite the waiver," deepening inequality and prolonging Kenya’s squatter crisis.
Attached court documents show the Cabinet resolution aimed to benefit thousands by clearing Sh12.3 billion in debt, enabling settlers to obtain title deeds, regularise accounts, and invest in their land.
The petitioners accuse officials of “either willingly or flagrantly abdicating their duties,” citing three months of inaction.
For generations of squatters, the case illustrates how policy failures perpetuate insecurity. The legal challenge now tests whether judicial intervention can enforce executive commitments and transform land occupation into ownership.
The dispute revisits post-independence settlement schemes meant to resettle landless families—many of which stalled due to administrative failures. By turning to the courts, the petitioners aim to end a cycle where squatters remain state tenants.
The respondents have yet to file their replies, and the case awaits hearing directions.
