Kajiado County resists petitioners’ push to evade land rates

A court battle over payment of defaulted land rates in Kajiado County is looming after the devolved unit pushed back against an attempt by small-scale landowners to block their arrears suspended.

The case filed by activist Shadrack Wambui and a local NGO, Sheria Mtaani, seeks to stop the county government from implementing sections of the Kajiado County Finance Act that was enacted last year as well as provisions of the Rating Act enacted eight years ago. A section of the contentious provisions of the law provides that land rates not payable by the end of the financial year on June 30 attract a 25 per cent penalty.

In the case filed at the Environment and Land Court, the petitioners also want the county government stopped from charging rates on property under freehold titles. It also wants elderly people who own small plots in urban areas exempted from paying rates.

They argue that the punishment for default are grave with those found guilty risking a fine of Sh200,000 or imprisonment of not more than one year, or both.

However, in its response, the county government has slammed the petition as lacking in “substance, understanding of the law”, adding that it is “meant to mislead the court”.

The devolved unit claims the issues raised in the petition are not new but have been implemented for the past eight years after being ratified in the Kajiado County Rating Act 9 (2016).

The county government has also dismissed fears of arrest or suing of those who default on the payment of the rates.

 “Our Finance Act (2023) does not criminalise non-payment of rates but provides for the recovery of the rates in a court of law,” it says, adding that the sought orders would hinder revenue collection and cripple the provision of essential services.