Kajiado residents have won a major legal battle after the High Court stopped the county government from imposing land rates on freehold properties.
Lady Justice Loice Komingoi ruled that the decision by the Kajiado County Government to levy land rates on private land was unconstitutional because it lacked proper public participation. The judge said the county acted beyond its powers and failed to involve residents before introducing the charges.
The case was filed by Kajiado residents through lawyer Shadrack Wambui, who argued that the county could not impose such rates without consulting the people or providing the services the taxes were meant to support. He told the court that residents were already struggling with poor infrastructure, lack of piped water, and unmaintained roads, yet the county wanted to collect more revenue from them.
In their pleadings, the residents said they had been forced to provide their own basic amenities such as biodigesters, solar lighting, and private water systems because the county had failed to deliver. They argued that the imposition of land rates was unjustified and punitive given the county’s neglect of its responsibilities.
They also claimed that the Finance Act passed by the county sought to illegally convert freehold titles into leasehold, contrary to the Land Act. The court agreed, finding that the county’s attempt to impose land rates on freehold property was not only unlawful but also violated constitutional guarantees on property rights and public participation.
Justice Komingoi declared the move null and void, handing Kajiado homeowners a decisive victory against what they termed an exploitative tax policy
