Kajiado North residents have filed a petition challenging the decision by the County Government to impose land rates on freehold tenure system.
The residents, say the imposition of land rates on free hold title deeds through the Kajiado Finance Act 2023 is not procedural as well as unconstitutional to the extent that it is null and void as it violates several articles of the constitution.
The controversial Finance Act 2023, requires 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.
Failure to pay the rates results in a penalty 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.
During the virtual court session led by High Court Judge Stella Mutuku, advocate Shadrack Wamboi clarified the petitioners’ stance, emphasizing that they are not seeking the suspension of the entire Finance Act but are challenging specific sections that unfairly target small-scale landowners.
He argued that the clause introduces a heavy financial burden on individuals who own small parcels of land, while sparing larger property holders from similar obligations.
“This part of the Finance Act seems like a guided missile aimed at small landowners, punishing them with exorbitant rates,” Wamboi stated during the hearing.
He further claimed that the new clause discriminates against small landholders and violates Articles 27, 40, and 60 of the constitution of Kenya. These articles address the right to equality and freedom from discrimination, protection of property rights, and principles of land use, respectively.
Wamboi urged the court to protect the petitioners from what he described as ‘witch hunt’ by the Kajiado County Government, stating that the implementation of these rates would disproportionately harm small-scale landowners who cannot afford such fees.
Judge Mutuku ruled that no one should be arrested or penalized under the Finance Act until the case is decided on September 25.
Speaking to the media outside the Kajiado Law Courts, Wamboi expressed satisfaction with the court’s ruling.
“Today was a win for the petitioners, the court has recognized the urgency of our petition and has ensured that no punitive actions will be taken until a final ruling is made,” he said.
He added that the case deserved the prominence it was receiving, given its potential impact on landowners in the region.
Nicholas Karanja,an advocate who is also representing the petitioners, explained that the day’s proceedings were focused on obtaining conservative orders to prevent enforcement of the new rates.
“The hearing today was primarily for conservative orders to shield our clients from any undue harassment or arrests as this case is being heard,” Karanja told the press.
Local residents also voiced their concerns and frustrations over the new land rates.
Esther Wanjeri, a resident of Kajiado County, expressed her gratitude to the legal team for standing up for the community’s rights.
“We thank the lawyers for the good work they are doing. If Kajiado County was actually delivering development projects, we might consider paying these rates. But at the moment, it feels like we are being taxed without representation,” she remarked.
The sentiment was shared by many residents, who expressed frustration at the County Government’s failure to provide tangible development projects in exchange for the new taxes.
The case has attracted significant attention, with many Kajiado North residents vowing not to pay the new rates. They argue that the introduction of these rates is unfair, especially to those who own smaller parcels of land.
By Isaac Kikon
