Kajiado County barred from collecting land rates on freehold properties

This is after the Kajiado High Court ruled that Sheria Mtaani has made out a case to justify the grant of the conservatory orders.

Justice Komingoi Loice held that  the taxes on free hold properties were discriminatory to small scale land owners in Kajiado adding that the introduction of land rates on freehold properties was tantamount to converting freehold land to leasehold lands.

The case will be heard on February 26, 2025.

Through lawyer Shadrack Wambui, the residents also argue that there was no public participation relating to land rates on freehold properties.

They claim that Kajiado County government has done very little to make the roads passible, and has been unable to provide for its people a sewerage system or clean drinking water consequently pushing its residents to result to the use of bio digester or pit latrines and to purchase water from private water vendors and community water projects.

"There is no reason why the same should even be collected as the 2nd Respondent has hitherto made life an enduring experience to the residents of the affected arrears as they have to alternatively come up with solutions at their costs that include even the fitting of solar panels along the dark streets leading to their homes to avert the usual risks of security that have caused loss of lives and property," reads court papers.

Similarly they argue that Kajiado County Finance Act offend the provision of the Land Act and is an illegal attempt at converting freehold titles to leasehold titles for residents of Kajiado County. 

"The financial constraint experienced by the petitioners will be further deepened by the requirement to pay the introduced land rates and the net effect for those unable to comply could lose their homes," they argue.