Freemasons Society sues Nairobi City County Government over Sh19 million land rate dispute
In the case filed by the Masonic Trustees, the society claims that the county was aware that they were exempt from paying rates.
The Freemasons Society has sued Nairobi County Government following the clamping of their property over a Sh19 million land rate dispute.
In the case filed by the Masonic Trustees, the society claims that the county was aware that they were exempt from paying rates, hence they want to be compensated as it caused damage in the process.
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They asserted that although the county had been recalling the other notices it issued over the property located on Nyerere Road in Nairobi, it decided to invade and encroach on it.
They told the court that Freemasons is a philanthropic society registered in Kenya in 1990, under the Societies Act, Chapter 108 of the Laws of Kenya, carrying out charitable activities in the country.
The society argued that it was granted an exemption from the payment of land rates through Legal Notices numbers 389 and 390 of 1990.
"On May 14, 2025, the respondent, acting through its agents and/or representatives, unlawfully entered upon the petitioner's property, used excessive force to demolish the gate, and affixed a notice indicating that the petitioner had defaulted in the payment of land rates to a tune of Sh19 million and that, consequently, the property was now under the management of the respondent," court papers read.
Further, the court heard that the county had admitted through various correspondences that the society was not supposed to pay anything.
The said legal notices have not been overtaken by any subsequent events or revoked by any other notices, and accordingly, they remain valid and continue to govern and bind the conduct of the relationship between the petitioner and the respondent," court papers continue to read.
The case has been certified urgent by Justice Mwamuye.
He was told that the raid was not the first. Freemasons explained that there had been other incidents in which the county backed down upon being informed of the exemption.
"It is for this reason that the petitioner was greatly shocked and dismayed by the respondent's invasion of its property on May 14, 2025, notwithstanding the continued existence and validity of the said exemption," it claimed.
The society is seeking compensation for the violation of its rights. At the same time, it wants the court to find that the county cannot demand rates that it had forfeited.
The Freemasons also want the county forced to pay the cost of the case.
Justice Mwamuye directed the society and the county to appear before him on May 29.
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