Kajiado County barred from levying land rates on freehold property
Justice Komingoi further said the Kajiado county government did not demonstrate that public participation was conducted.
What you need to know:
- Residents argued that the imposition of land rates on free hold title deeds without public participation was unconstitutional.
- The county government opposed the application arguing that the move will deny the devolved unit revenue collection.
Kajiado government has been blocked from imposing land rates on freehold properties as introduced by county Finance Act, 2023.
Justice Loice Komingoi granted a temporary order blocking the implementation of section 14(8) of the Kajiado county Finance Act, 2023.
The Environment and Land court judge said the apprehension by the residents that the imposition of the land rates on freehold properties amounts to conversion of their properties to leasehold was well founded.
"I find that the residents of Kajiado county stand to suffer irreparable loss if the order is not granted," said the judge.
Through lobby group Sheria Mtaani na Shadrach Wambui, the residents argued that the imposition of land rates on free hold title deeds without public participation was unconstitutional, unreasonable, unfair and discriminatory.
Mr Wambui submitted that the section required landowners in designated zones to pay Sh5,000 annually for commercial freehold land and Sh2,500 for residential multi-dwelling land or mixed-dwelling freehold land of less than or equal to 0.5 hectares.
The lawyer submitted that the section further criminalises failure to pay the rates by imposed fines and jail terms.
According to Mr Wambui, failure to pay the rates imposed fine of 25 per cent per annum of all outstanding rates that remains unpaid after June 30 every year or a fine not exceeding Sh200,000 or imprisonment for a term not exceeding one year, or both.
Mr Wambui argued that the section unfairly targeted small-scale landowners as it imposes financial burden on individuals who own small parcels of land, while sparing larger property holders from similar obligations.
The county government opposed the application arguing that the suspension of the section will deny the devolved unit revenue collection, which was critical for service delivery.
Mr Joshua Leboo, the clerk of the county assembly submitted that the law was subjected to public participation.
He said in an affidavit that the law was uploaded in the county's website and later published in two daily newspapers.
But Mr Wambui the clause was sneaked in later and it was discriminatory against small landholders.
The judge said in the ruling that freehold title must first be converted to leasehold in order to be subjected to land rates
Justice Komingoi further said the Kajiado county government did not demonstrate that public participation was conducted.
The judge, however, declined an application for the file to be forwarded to Chief Justice Martha Koome for appointment of a bench of three judges to determine the issues raised in the petition.
