The Environment and Land Court in Kajiado has stopped the Kajiado County Government from collecting newly introduced land rates and increased land rent, ruling that the measures were illegal and unconstitutional.
Justice Mugo Mwangi delivered the ruling, faulting the county for failing to comply with the constitutional and statutory framework before imposing the new charges and threatening repossession of land from owners with arrears.
“The Respondents failed to comply with the constitutional and statutory framework governing the imposition and variation of land rates,” Justice Mwangi stated.
Background of the Case
The case was filed by Sheria Mtaani after the county published new land rent and rates schedules in January 2025, followed by a February notice warning that plots with three years of unpaid charges could be repossessed.
Lawyer Shadrack Wambui, representing the petitioners, argued that the county had not properly valued the land, failed to involve the public, and acted unfairly, particularly against vulnerable landowners.
Court’s Findings
The court found that:
- The county did not prepare a valuation roll, a legal requirement before land rates can be imposed or varied.
- Valuation must be conducted by a qualified valuer, and landowners must be given an opportunity to object before new rates are set.
- Reliance on interim data and mapping tools was insufficient, as no evidence was provided to support the county’s claims.
- General public meetings held during the passage of the Finance Act did not meet the threshold for specific public participation required in setting land rates.
- The county’s warning of repossession for arrears appeared to apply the law retrospectively, which the court ruled unlawful.
“Valuation must not be arbitrary,” the court emphasized, adding that laws should not be applied backwards unless clearly stated.
Outcome
The court declared part of the Kajiado County Finance Act, 2023 unconstitutional and cancelled the notices imposing the new land rates and increased land rent.
As a result, landowners with plots allotted by the county will now pay Ksh.1,500 instead of the Ksh.7,500 initially demanded under Governor Joseph Ole Lenku’s administration.
Implications
This ruling underscores the importance of:
- Strict adherence to constitutional and statutory procedures in revenue collection.
- Transparent and inclusive public participation in setting land rates.
- Proper valuation processes to protect landowners from arbitrary charges.
The decision is expected to have far-reaching implications for county governments across Kenya, reinforcing the principle that fiscal measures must be legally sound and participatory.
