A significant legal contest has taken place at the Environment and Land Court in Milimani, where Sheria Mtaani, a rights organization, has asked the High Court to make the government abide by a Cabinet decision that waived penalties and interest on settlement scheme loans for low-income settlers all over Kenya.
The quickness of the application shows the raising concern over the still financial burden on the poor families supposed to be the beneficiaries of the relief but who have not yet witnessed any action.
The Cabinet resolution published on November 11, 2025, ordered the cancellation of all interest and penalties on loans taken by more than 520 settlement schemes in 26 counties. The purpose of this step was to alleviate old debt burdens, enable settlers to pay off the principal amounts, and open the way to land ownership.
In spite of the unambiguous order, the agencies of the state that are in charge of implementing the waiver have not even started the process, resulting in penalties and interest charges that the relief was supposed to stop from continuing. In sworn statements, Sheria Mtaani claims that the postponement is causing great suffering to already marginalized families and is going against the purpose of the Cabinet decision.
The petition mentions a number of high-ranking officials, including the Chief of Staff and Head of Public Service, the Cabinet Secretary for Lands, and the Cabinet Secretary for National Treasury and Economic Planning, asking the court to issue orders that will lead to the immediate implementation of the waiver. Furthermore, Sheria Mtaani requests that the cabinet waiver be declared legally binding and enforceable as a court order.
Besides, the applicants are pushing for decentralization of the National Lands Commission to make services easier to access for those living far away and for the reimbursement of any settler who has kept on paying penalties after the waiver went into effect.
The lawyers contend that the Cabinet resolution will lose its effect without court intervention, thereby putting low-income settlers in a worse financial situation and, at the same time, driving the public to lose faith in government promises.
The High Court is likely to make it an issue of legal priority, thus showing the critical stakes for thousands of Kenyan citizens who are still waiting for debt relief and land regularization.
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