The Environment and Land Court in Kajiado has barred the Kajiado County Government from collecting newly introduced land rates and increased land rent after finding that the move was unlawful and unconstitutional.
In a judgment delivered by Justice M.D. Mwangi, the court ruled that the county failed to comply with the legal procedures required before imposing or varying land rates and rent, despite issuing notices warning of possible repossession of land over arrears.
“The Respondents failed to comply with the constitutional and statutory framework governing the imposition and variation of land rates,” the judge held.
The case was filed by Sheria Mtaani and landowner Shadrack Wambui, following the publication of new land rates and land rent schedules by the county in January 2025. A further notice issued in February warned that plots with three years of unpaid charges risked repossession.
The petitioners argued that the county acted unlawfully by introducing the new charges without conducting proper land valuation, involving the public, or ensuring fairness especially for vulnerable landowners.
Justice Mwangi found that the county failed to prepare a valuation roll, a mandatory legal requirement before land rates can be imposed or adjusted.
“Valuation must not be arbitrary,” the court ruled, adding that land must be assessed by a qualified valuer and landowners given an opportunity to object before any new rates are introduced.
The county government told the court it relied on interim data and mapping tools to determine the rates, but the judge rejected the explanation, noting that no evidence was presented to support that claim.
Although the county maintained that it held public participation forums during the passage of its Finance Act, the court ruled that this was insufficient.
The judge said the law requires specific and meaningful public participation whenever land rates are being introduced or varied, including giving affected landowners a chance to review valuation outcomes and challenge them.
The court also faulted the county’s warning of repossession for arrears, stating that the notice appeared to apply the law retrospectively.
“Laws should not be applied backwards unless clearly stated,” the judge cautioned.
As a result, the court declared part of the Kajiado County Finance Act, 2023 unconstitutional and quashed the notices introducing the new land rates and increased land rent, effectively stopping their enforcement.
