Senators raise alarm over arbitrary land rates and corruption risks in counties

Senators have raised concerns about what they describe as arbitrary and excessively high land rates, combined with unexplained waivers in various counties. They accuse governors of mismanaging the process in ways that harm residents and create opportunities for corruption.

This confrontation follows complaints from senators who say some counties are applying land rates in ways that threaten residents’ welfare and raise broader national issues.

In response, the Senate Committee on Land, Environment, and Natural Resources has launched an inquiry into the alleged abuse of the new National Rating Act and how counties are enforcing it.

Nyamira Senator Okong’o Omogeni accused governors of exploiting the National Rating Act to benefit unscrupulous individuals, while citizens receive inadequate services.

Harassing residents

He singled out Nairobi County, where he said enforcement officers, under Governor Johnson Sakaja’s directive, have been harassing residents.

“They are evicting people from their homes, and cartels are swooping in to buy these properties. That was never our intention. Taking away people’s homes in such an arbitrary manner is inhumane,” Omogeni said.

“How can you auction a house worth Sh12 million or Sh15 million to recover just Sh104,000 in rates? This is nothing short of a scheme to rob dedicated civil servants.”

Omogeni emphasised that the National Rating Act’s original purpose was to enable counties to raise revenue for service provision, not to displace residents.

“That was never our intention when we passed the National Rating Act. I urge the committee to summon the governor,” he said.

He also criticised Kiambu Governor Kimani Wamatangi for imposing steep rates despite lacking a legally approved valuation roll.

“On what basis are they determining rates and rents? And when waivers are granted, as in the case of Governor Sakaja, there must be consensus and transparency. While we agree that Nairobi residents should not live rent-free, there must be accountability,” Omogeni said.

The recently enacted law establishes a uniform framework for counties to assess and impose land and building rates, introducing accountability in the use of revenue. It modernises property valuation using technology and creates the Office of the Chief Government Valuer to oversee valuation standards. The law also forms a 15-member National Rating Tribunal to resolve valuation and rating disputes.

Unexplained spikes

Kiambu Senator Karungo wa Thang’wa shared similar concerns, stating that Kiambu residents have not been given access to a valuation roll, lack formal notice of rate increases, and face unexplained spikes in demands.

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He asked the Senate committee, chaired by Mombasa Senator Mohamed Faki, to verify whether the Kiambu County Government has a properly prepared and adopted valuation roll.

“If it exists, we want to know when it was prepared, by whom, when it came into effect, and the process followed, including dates of preparation and adoption, evidence of public participation, where and how the public can access it, and why it has not been gazetted or published as required by law,” Thang’wa said.

He also demanded transparency on how current land rates are calculated and requested details on enforcement actions taken or planned.

Kajiado Senator Seki Lenku lamented the arbitrary imposition of high rates across several counties, blaming the lack of public involvement.

“A valuation roll must be subjected to public scrutiny so residents can give their input. County governments must seek approval from county assemblies before implementing new rates, not impose them unilaterally,” he said.

“I believe county governments should involve residents and ensure business people are not unfairly targeted,” Lenku added.