How citizen perspectives are driving Kenya's land reform agenda

For years, counties across Kenya have operated under inconsistent and fragmented land taxation laws, frequently enacted without adequate public consultation.

This lack of engagement has often led to significant pushback from citizens.

A notable example emerged from Kiambu County, where a dormant 2016 Valuation and Rating Act was abruptly revived through the 2023 Finance Bill.

The resulting implementation brought with it severe backdated penalties, eliminated zoning distinctions, and imposed heavy tax burdens—stirring public outrage and anxiety over potential land loss among residents.

In December 2024, Kenya reached a significant milestone in its intricate journey toward land reform with the enactment of the National Rating Act, 2024.

This new legislation unified the process of land valuation and taxation across all 47 counties, marking a pivotal step towards consistency, fairness, and transparency in the management of land resources.

It is imperative, therefore, that this initiative is championed right from the top; starting with Lands Cabinet Secretary Alice Wahome, a career lawyer and former Member of Parliament for Kandara Constituency in Murang’a County.  

The land question has fuelled a robust movement toward civic engagement. Bunge Mashinani, a grassroots organization in Kiambu, united with other civil society groups to mobilize communities through public dialogues, media outreach, and advocacy campaigns.

Their efforts amplified citizen voices, demystified complex legal frameworks, and transitioned public discontent into organized legal action.

By April 2024, these grassroots initiatives culminated in citizens petitioning the County Assembly, successfully prompting a reversal of the harsh land rate policies by September of that year.

This swell of civic activism not only transformed local governance but also laid the groundwork for national reform.

Drawing on findings from the Sauti za Wananchi survey, which highlighted widespread dissatisfaction with land administration and a lack of public understanding regarding land laws; civil society organizations like Twaweza are currently collaborating with the State Department for Lands and Physical Planning to advocate for a comprehensive overhaul.

The newly enacted National Rating Act, 2024, which now forms the legal foundation for equitable land taxation in Kenya, includes three pivotal provisions: devolved rating powers officially reside with county governments in line with the Constitution; standardized valuation methods ensure that property assessments are fair and consistent across the nation; and the establishment of a National Rating Tribunal provides an essential platform for citizens to seek redress, safeguarding them against arbitrary or unjust taxation.

In the wake of these reforms, counties such as Kiambu and Nairobi have begun aligning their local legislation with the national framework.

Kiambu amended its 2016 rating law to exempt freehold land under ten acres while also reducing annual penalties from 36% to 10%.

In Nairobi, new land rates, set at 0.115% of land value, came into effect in January 2024.

In a recent interview, Nairobi Governor Johnson Sakaja expressed concern over the low compliance rate in the payment of land rates across the capital, warning that the shortfall is undermining the county’s ability to deliver essential services.

Speaking on Citizen TV's JKLive show on Wednesday, Governor Sakaja revealed that out of 250,000 registered parcels of land in Nairobi, only 50,000 are currently paying land rates. 

To encourage compliance, the Governor announced an extension of the ongoing land rates waiver, giving defaulters until April 30th to settle their dues without incurring penalties.

“We have extended the waiver to 30th April this month,” he said. “Now that we have complete data on the 250,000 pieces of land, it’s time to collect what is due so that we can deliver services as a county. We’ve given enough time—going forward, we shall enforce.”

Nonetheless, reforms have fostered greater compliance and diminished public dissent, a significant contrast to the unrest that characterized 2023.

Nonetheless, significant hurdles remain in the realm of land governance.

Recent feedback from citizens indicates a general lack of awareness regarding key land institutions and legislative changes, with a considerable portion of the population, particularly in urban areas, expressing dissatisfaction with land management.

Corruption in land transactions continues unabated and vulnerable groups—especially women and low-income families—face ongoing challenges in attaining land ownership.

For those in the Lands Ministry and related dockets, these realities highlight that legislative reform must extend beyond mere policy updates.

To foster this connection, there is need for a nationwide civic education campaign on land issues, collaborating with civil society organizations to ensure the reforms are not just legally robust but also widely comprehensible.

The writer, Dr. James Ciera, is the country lead for Twaweza Kenya. Additional reporting by Citizen Digital team.