Residents of Kajiado County have achieved a significant legal victory after the High Court stopped the county government from imposing land rates on freehold properties. The ruling, delivered by Lady Justice Loice Komingoi sitting in the Environment and Land Court, found that the county’s move was unconstitutional because it lacked public participation and violated property rights.
The case was filed by residents through lawyer Shadrack Wambui under the legal advocacy group Sheria Mtaani. The petitioners argued that the county government introduced new rates without consulting the public, contrary to constitutional requirements. They said the Kajiado County Finance Act, 2023, introduced land rates that would unfairly burden property owners holding freehold titles.
They also accused the county of neglecting its duty to provide essential services such as proper roads, sewerage systems and clean drinking water. Many residents continue to rely on bio-digesters, pit latrines and private or community water sources.
According to the petitioners, it was unjust to demand land rates when the county had failed to deliver the services such rates were meant to fund. They said residents had been forced to install solar lights along dark streets to enhance security and prevent theft, further proving the lack of county support.
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Justice Komingoi noted that the Kajiado County Government did not demonstrate that genuine public participation took place before the law was enacted. She ruled that the petitioners had presented valid concerns that the county’s action could amount to converting freehold properties into leasehold titles, which would interfere with the ownership rights of landholders. The court further observed that if the order was not granted, residents would suffer irreparable loss as they would be forced to pay unlawful charges.
The contested law, Section 14(8) of the Kajiado County Finance Act, 2023, had proposed annual rates of Ksh 5,000 for freehold commercial properties and Ksh 2,500 for residential or mixed-use properties measuring 0.5 hectares or less. It also included penalties for late payment, including a 25 percent annual surcharge on outstanding rates, fines up to Ksh 200,000, or imprisonment of up to one year. The High Court suspended these provisions through a conservatory order pending a full hearing scheduled for February 26, 2025.
In its defence, the county government argued that the new rates were part of a broader strategy to boost local revenue collection needed to sustain service delivery. County officials said that the Finance Act had been subjected to public participation, claiming that it was published in two national newspapers and uploaded on the county website for public review. However, the court found that these measures did not meet the constitutional threshold for effective participation.
By Benedict Aoya
