A real estate lobby has warned that proposed zoning and development regulations by the Kiambu County Government would breach property rights and choke investment if passed.
The Real Estate Stakeholders Association (RESA) has formally objected to the changes, arguing they would give the county unfettered power to designate and restrict areas for development.
“Zoning cannot be a one-sided decree that ignores market realities and constitutional rights,” said RESA in a memorandum dated Monday, June 30.
The proposals require developers to surrender up to 30 per cent of land for agriculture, schools and hospitals without compensation, a move the group said would violate Article 40 of the Constitution, which protects property rights, and discourage investment in housing and infrastructure.
“Developers should not be forced to provide public infrastructure for free,” noted RESA.
The group also criticised retrospective application of the proposed laws, saying it would undermine legal certainty and disrupt ongoing and planned projects.
It urged the county to apply any changes prospectively to protect existing developments.
RESA argued that the real estate sector in Kiambu has created jobs, supported infrastructure growth and contributed to county revenue, warning that the new rules would deter investment and reduce land value.
“Restricting land use and forcing surrender of private land without compensation is not the way to build a vibrant county,” explained RESA.
The association called on the Kiambu County Assembly to reject the proposals and open structured talks with stakeholders to find a balanced and legally sound approach to planning and zoning.
