Court bars Kajiado County from levying land rates on freehold properties
Lady Justice Loice Komingoi ruled that the county violated constitutional requirements by failing to conduct public participation before introducing the new charges through its Finance Act.
The Environment and Land Court has stopped the Kajiado County Government from imposing land rates on freehold properties, terming the move unconstitutional and procedurally flawed.
Lady Justice Loice Komingoi ruled that the county violated constitutional requirements by failing to conduct public participation before introducing the new charges through its Finance Act.
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The case had been filed by a group of residents through lawyer Shadrack Wambui, who argued that the county government's decision to charge rates on freehold land was unlawful. They told the court that no consultations were held before the implementation of the levy, contrary to the principles of transparency and public involvement in governance.
The residents further faulted the county administration for failing to provide essential services such as proper road networks, sewerage systems, and access to clean water.
They said most residents are forced to rely on pit latrines, biodigesters, and private or communal water sources, yet the county still sought to impose additional taxes.
"There is no justification for collecting rates when residents have had to install solar lighting along dark streets to ensure safety and security," their petition read in part.
They also maintained that the Kajiado County Finance Act contravened the Land Act by attempting to treat freehold properties as leasehold, effectively undermining the ownership rights of title holders.
Justice Komingoi agreed with the petitioners, declaring that the county acted outside its mandate.
The ruling marks a significant win for Kajiado property owners, shielding them from what the court termed an illegal and unjustified financial burden.
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