KAJIADO, Kenya – The Kajiado High Court has issued an order barring the Kajiado County Government from collecting land rates on freehold properties, a move hailed by local residents and legal advocates as a major victory for property rights.
Justice Loice Komingoi ruled that the county’s imposition of land rates on freehold properties was discriminatory and violated the rights of small-scale landowners.
The court found the policy tantamount to converting freehold land into leasehold land, which would impose additional financial burdens on landowners.
The ruling came after Sheria Mtaani, a public interest litigation group, filed a petition challenging the county’s policy.
Represented by lawyer Shadrack Wambui, the petitioners argued that the introduction of the rates was done without public participation and that the county had failed to deliver basic services in return for the taxes.
In court documents, residents claimed that Kajiado County has done little to improve infrastructure or provide essential services.
They cited poor road conditions, lack of clean drinking water, and the absence of a sewerage system.
Residents are reportedly forced to rely on pit latrines or bio-digesters and purchase water from private vendors.
“There is no justification for the collection of these rates when the county government has left residents to fend for themselves,” the court filing stated. “From installing solar panels to improve security in dark streets to grappling with poor infrastructure, residents have had to shoulder the costs of basic amenities.”
The court also raised concerns about the legality of the Kajiado County Finance Act, suggesting it contradicts provisions of the Land Act.
The petitioners argue that requiring freehold landowners to pay rates is an unconstitutional attempt to alter their property rights.
“The financial constraints faced by residents will only worsen with these added levies, and those unable to pay risk losing their homes,” the petitioners argued.
The court has scheduled a hearing on the matter for February 26, 2025.
Justice Loice Komingoi ruled that the county’s imposition of land rates on freehold properties was discriminatory and violated the rights of small-scale landowners.
The court found the policy tantamount to converting freehold land into leasehold land, which would impose additional financial burdens on landowners.
The ruling came after Sheria Mtaani, a public interest litigation group, filed a petition challenging the county’s policy.
Represented by lawyer Shadrack Wambui, the petitioners argued that the introduction of the rates was done without public participation and that the county had failed to deliver basic services in return for the taxes.
In court documents, residents claimed that Kajiado County has done little to improve infrastructure or provide essential services.
They cited poor road conditions, lack of clean drinking water, and the absence of a sewerage system.
Residents are reportedly forced to rely on pit latrines or bio-digesters and purchase water from private vendors.
“There is no justification for the collection of these rates when the county government has left residents to fend for themselves,” the court filing stated. “From installing solar panels to improve security in dark streets to grappling with poor infrastructure, residents have had to shoulder the costs of basic amenities.”
The court also raised concerns about the legality of the Kajiado County Finance Act, suggesting it contradicts provisions of the Land Act.
The petitioners argue that requiring freehold landowners to pay rates is an unconstitutional attempt to alter their property rights.
“The financial constraints faced by residents will only worsen with these added levies, and those unable to pay risk losing their homes,” the petitioners argued.
The court has scheduled a hearing on the matter for February 26, 2025.
