Kiambu Land Reforms Face Stiff Opposition from Real Estate Sector

The Real Estate Stakeholders Association (RESA) has formally submitted a memorandum to the Kiambu County Assembly, strongly objecting to proposed amendments to land use, zoning, and real estate development laws. The association warns that the changes, if implemented, could have severe legal, economic, and practical repercussions for the county’s vibrant real estate sector.RESA, based at Spur Mall in Ruiru, Thika Super Highway, represents numerous developers and landowners operating within Kiambu County. In their detailed submission, they acknowledge the County Government’s mandate in land planning but express grave concerns over several key proposals they deem unconstitutional and economically unviable.

Among their principal objections, RESA strongly opposes proposals that would grant the County Government unfettered discretion to designate and restrict development areas. They argue this violates Article 40 of the Constitution, which guarantees the right to property, and undermines market dynamics and free enterprise as protected under Articles 46 and 60. The association stresses that such an approach would disrupt ongoing and planned investments. RESA advocates for a consultative, evidence-based, and flexible zoning framework that includes public participation as required by the Constitution and provides for the grandfathering of pre-existing rights.

A highly contentious proposal requires developers to surrender up to 20% of their land for agriculture. RESA labels this as economically untenable and a form of compulsory acquisition without compensation, violating Article 40(3) of the Constitution. They argue it is misaligned with modern urban development principles that favor high-density, mixed-use developments over fragmented land use. Agricultural land planning, they suggest, should be based on regional policies and incentives, not forced surrenders from private landowners.

RESA also rejects the idea that private developers must surrender land for public amenities like schools and hospitals. They argue this misunderstands the role of private developers, stating that public infrastructure is the responsibility of national and county governments, funded through taxation. Such a requirement, they warn, would discourage investment. Developers should continue designating land for amenities as per planning guidelines, but this land should be available for purchase, not surrendered for free.

The prospect of invalidating existing subdivisions and developments retrospectively is a major concern. RESA asserts this is a gross violation of legal certainty and property rights, contravening Article 40 (protection from arbitrary deprivation of property) and Article 47 (right to fair administrative action), as well as established principles of non-retrospectivity in law. All legislative changes, they recommend, must apply prospectively, with ongoing or completed developments exempted under transitional and savings clauses.

RESA underscored the significant contributions of Kiambu’s real estate and construction sector, highlighting its role in creating thousands of direct and indirect jobs, driving infrastructure development and expanding housing access, contributing substantially to county revenue through rates, levies, and taxes, and attracting investment and improving living standards. The association warns that implementing the proposed regulations without considering their economic consequences will deter both local and foreign investment, reduce land value, and slow down growth in housing, particularly for middle-class and affordable segments.

The association also detailed specific challenges arising from the proposed plan, including restrictions on land use changes and mandatory agricultural percentages limiting land for urban development and affecting project feasibility. Minimum subdivision guidelines, they noted, could potentially lock out small-scale developers and investors targeting affordable housing. Furthermore, increased development approvals and bureaucracies are likely to result in significant delays.

The Real Estate Stakeholders Association has urged the Kiambu County Assembly to reject the current proposals in their present form. They call for broad stakeholder engagement involving developers, legal experts, economists, and the public to adopt a balanced, legally sound, and economically sustainable approach to planning and zoning. RESA reiterated its openness to further engagement and collaborative efforts to improve planning policies while protecting property rights and supporting the county’s continued growth.