KAJIADO, Kenya — The Environment and Land Court in Kajiado has barred the county government from collecting newly introduced land rates and increased land rent, ruling that the move was unlawful and violated the Constitution.
In a judgment delivered by Justice M.D. Mwangi, the court found that Kajiado County failed to follow mandatory legal procedures before rolling out the new charges and issuing repossession threats to landowners with arrears.
“The Respondents failed to comply with the constitutional and statutory framework governing the imposition and variation of land rates,” the judge ruled.
The case was filed by public interest group Sheria Mtaani and landowner Shadrack Wambui, who challenged the county’s decision after new land rent and land rates schedules were published in January 2025.
A subsequent notice issued in February warned that plots with at least three years of unpaid charges risked repossession.
Through his lawyer, Wambui argued that the county did not conduct a proper valuation of land, failed to meaningfully involve the public and acted unfairly, particularly against vulnerable landowners.
The court agreed, noting that the county did not prepare a valuation roll, a legal requirement before land rates can be imposed or varied.
“Valuation must not be arbitrary,” the court held, stressing that land must be assessed by a qualified valuer and that landowners must be given an opportunity to inspect and object to proposed valuations.
Kajiado County had argued that it relied on interim data and digital mapping tools to set the new charges, but the court dismissed the explanation, saying no evidence was presented to support the claim.
While the county maintained that it conducted public participation during the passage of its Finance Act, the judge ruled that this was insufficient.
Justice Mwangi said the law requires specific and targeted public participation when land rates are being set or reviewed, including allowing landowners to challenge valuations before implementation.
The court also faulted the county’s repossession notice, finding that it appeared to apply the law retrospectively.
“Laws should not be applied backwards unless clearly stated,” the judge said.
As a result, the court declared parts of the Kajiado County Finance Act, 2023 unconstitutional and quashed the notices imposing the new land rates and increased land rent.
