The Environment and Land Court in Kajiado has declared unconstitutional, null and void, the recent increase in land rates and rents imposed by the Kajiado County Government on allotment holders.
In a judgment delivered by Justice M.D. Mwangi the court struck down the increase of land rates from Ksh2, 000 to Ksh7, 500 and rent from Ksh1,500 to Ksh2,000.
The case was filed by civil rights group Sheria Mtaani and activist Shadrack Wambui against the Kajiado County Assembly and another respondent.
Justice Mwangi ruled that the increments, which were introduced under the Kajiado County Finance Act 2023, violated constitutional provisions and could not stand. The court further held that the county government must compensate affected landowners legal fee.
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Speaking after the ruling, Wambui said the proposed increments were exploitative and beyond the reach of most residents. He accused the county government of using land rates as a tool to dispossess residents who are unable to pay.
“Most residents cannot afford these rates. The county wanted to take people’s land if they failed to pay. Before Governor Joseph Lenku retires, he must pay us damages and refund the money we used in court. Mnyonge yuko na haki,” Wambui said, calling on residents to unite and hold leaders accountable for misuse of public power.
This marks the second major legal victory by Wambui and Sheria Mtaani against the Kajiado County Government. In the first case, decided on December 4, 2024, the High Court barred the county from imposing land rates on freehold properties. That ruling followed a petition filed on August 19, 2024, challenging the constitutionality of land rates introduced under the Finance Act 2023.
In that case, petitioners argued that the annual charges of Ksh5,000 for commercial land and Ksh2,500 for residential or mixed-use freehold land below 0.5 hectares were discriminatory and unconstitutional. They further protested harsh penalties for defaulters, including a 25 percent annual penalty, fines of up to Ksh200,000, or imprisonment. The court agreed that the measures unfairly targeted small-scale landowners while sparing larger property holders.
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Meanwhile, even as the legal battles continue, the Kajiado County Government has announced the issuance of Phase Two National Land Commission (NLC) letters of allotment for plot owners in several trading centres.
According to a statement by Hamilton Parseina, the County Executive Committee Member for Lands, Physical Planning, Housing, Urban Development and Municipalities, the exercise will cover Noonkopirr, Isinya, Kajiado, Namanga, Loitoktok and Bulbul trading centres.
The issuance will begin on January 27 at Namanga Market from 9:00 a.m., followed by Noonkopirr Township on January 28 at the PCEA Church next to Saitoti Hospital. On January 29, the exercise will be held at Bulbul Township at the Deliverance Church from 9:00 a.m.
Plot owners in Isinya Township will be served on January 30, 2026, at the Multipurpose Hall. The exercise will then move to Loitoktok Township on February 3 at the Social Hall, and conclude on February 4 at Kajiado Township at the KAG Church from 9:00 a.m.
The county government said plot owners who miss the scheduled dates will be allowed to collect their allotment letters from their respective Ward Administrator’s offices within one week of each meeting.
The announcement is contained in a letter dated January 14, 2026, signed by CEC Member Hamilton Parseina.
By Obegi Malack
