Court stops Nakuru County from increasing land rates
Property owners in Nakuru County have obtained an injunction preventing the county government from increasing land rates by 2.0 per cent.
More than 200 property owners in Nakuru County have obtained an injunction preventing the county government from increasing land rates by 2.0 per cent.
The Nakuru County Valuation Roll 2017, which would have led to the rate hike, has come under scrutiny as Governor Susan Kihika’s administration seeks additional revenue from landowners.
Justice Millicent Odeny of the Nakuru Environment and Land Court granted the injunction halting the county’s efforts to validate the Valuation Roll 2017.
The court issued a temporary conservatory order restraining the Nakuru County Government and Lands Executive John Kihagi from proceeding with the validation process.
“Temporary conservatory orders are hereby granted staying the process of validation of the Nakuru County Valuation Roll 2017 by the respondents, pending the hearing of the application inter partes,” Justice Odeny said.
The two parties are scheduled to appear before the court on October 22 for further orders on the matter.
The landowners, represented by lawyer Lawrence Karanja, argue that the county government violated several constitutional provisions, including those guaranteeing public participation and transparency.
Mr Karanja claims the county prepared the draft valuation roll without seeking the necessary approval from the Cabinet Secretary, as required under Section 31 of the Valuation Act (Cap 266).
“This was never undertaken before the preparation of the draft valuation roll 2017,” Mr Karanja said in his submission.
The lawyer also pointed out that no regulations have been made under the Valuation Act by the Cabinet Secretary, making the draft valuation roll legally questionable.
Furthermore, the lawyer noted that the 2017 roll was abandoned in favour of new legislation, the Nakuru County Valuation and Rating Act, 2023, which was passed by the county assembly and signed into law by Governor Kihika in December 2023.
The landowners claim they were not involved in the valuation process and were surprised to see a public notice in the local dailies inviting them to inspect the draft roll.
“No public participation had been conducted by the county government as required by law,” they stated.
In addition, they argue that the valuation roll was prepared by an unknown entity, as no county valuer had been appointed, making the process illegal. They further contend that the roll is riddled with irregularities because it was drafted before the enactment of the 2023 law.
“We want to ensure rates imposed by the county government are transparent and consultative,” said Dr Julius Kariuki, one of the leading landowners involved in the case.
