The Architectural Association of Kenya (AAK) and a coalition of civil society organizations have called on the Senate to reconsider proposed amendments to the Investment Promotion Act and the Land Act. They argue that the revisions must prioritize the protection of vulnerable populations, promote investment transparency, and ensure active monitoring of technology transfer, all of which they deem essential for equitable and sustainable development in line with constitutional values.
In a joint memorandum submitted to the Clerk of the Senate, AAK President George A. Ndege, Women in Real Estate (WIRE) President Rachel Patience Mulondo, Akiba Mashinani Trust (AMT) Executive Director Jane Weru, Amnesty International Kenya Executive Director Irungu Houghton, and Slum Dwellers International (SDI) Executive Director Joseph Kimani expressed concern that the proposed legislative changes could exacerbate inequality and erode the rights of marginalized communities.
“Our evidence-based recommendations urge the retention of existing protections for vulnerable homeowners, improved transparency in investment approvals, and the explicit inclusion of measures for technology transfer and local capacity building. We propose a robust monitoring and accountability framework with clearly defined responsibilities and timelines to ensure effective implementation. These measures are vital for a development agenda that is equitable, inclusive, and sustainable, and that aligns with the Constitution,” the group stated.
The organizations warn that the current draft amendments within the Business Laws (Amendment) Bill risk dismantling critical safeguards and missing crucial opportunities for sustainable, locally rooted development.
They particularly highlight the proposed reductions in timelines under the Land Act, shortening mortgage default remedy periods from 90 to 45 days and property sale notice periods from 40 to 20 days, as severely limiting vulnerable homeowners’ ability to seek legal redress. This, they caution, increases the likelihood of homelessness, financial ruin, and exploitative lending practices.
“National Housing Corporation data show that approximately 65% of affordable housing beneficiaries face income instability. The reduced timelines could lead to a projected 30% rise in foreclosures, disproportionately impacting female-headed households,” WIRE’s 2024 analysis reveals. “The proposed amendments to Sections 90 and 96 of the Land Act violate Articles 27 and 43(1)(b) of the Constitution,” the memorandum adds.
As an alternative, the coalition recommends retaining the original timelines, 90 days for default remedies and 40 days for sale notices, and eliminating the proposed amendments to Sections 90 and 96 to uphold constitutional protections and safeguard vulnerable homeowners’ rights.
While acknowledging the value of a digital-first approach to land and investment processes, the organizations stress that public transparency and accessibility must not be compromised.
“As Mama Zawadi of Slum Dwellers International points out, access to information empowers communities to engage meaningfully,” the memorandum notes.
The coalition advocates for the establishment of a publicly accessible online dashboard featuring real-time application tracking, timestamps of officer actions, geospatial mapping of projects, community feedback channels, and secure access for professional stakeholders. This, they argue, would significantly improve transparency and operational efficiency.
Moreover, the proposed amendments fall short of mandating or incentivizing technology transfer and local skills development, a gap the organizations say hinders sustainable development and community empowerment.
“Findings from Akiba Mashinani Trust’s work in informal settlements indicate that foreign investments, especially in housing and infrastructure, frequently proceed without adequate transfer of skills to local communities,” the memorandum observes. “This deprives residents of opportunities to develop technical capabilities, secure better employment, and play a meaningful role in managing and maintaining projects. International best practices demonstrate that prioritizing skills transfer in investment agreements enhances economic empowerment and long-term sustainability” (source: AMT Community Needs Assessments, 2022–2024).
To address this, the organizations recommend incorporating mandatory frameworks within the Investment Promotion Act for knowledge-sharing, mentorship, and technical training. These should include measurable targets and be developed in collaboration with relevant professional bodies.
