Court rules new Kajiado County land rates are unconstitutional

Justice Mugo Mwangi ruled that the county failed to follow the law before introducing the new charges and threatening to repossess land from owners with arrears.

“The Respondents failed to comply with the constitutional and statutory framework governing the imposition and variation of land rates,” the judge said.

The case was filed by Sheria Mtaani after Kajiado County published new land rent and land rates schedules in January 2025. A second notice issued in February warned that plots with three years of unpaid charges could be repossessed.

Lawyer Shadrack Wambui argued that the county had not properly valued the land, had not involved the public, and had acted unfairly, especially against vulnerable landowners.

The court found that the county did not prepare a valuation roll, which is a legal requirement before land rates can be imposed or changed.

“Valuation must not be arbitrary,” the court ruled, adding that land must be assessed by a qualified valuer and owners given a chance to object before new rates are imposed.

The county said it relied on interim data and mapping tools, but the judge rejected this explanation, saying no evidence was provided to support the claim.

Although the county said it held public meetings when passing the Finance Act, the court ruled that this was not enough.

The judge said the law requires specific public participation when land rates are being set or varied, including giving landowners a chance to review and challenge valuations.

The court also faulted the county’s warning that plots with three years of arrears could be repossessed, saying the notice appeared to apply the law retrospectively.

“Laws should not be applied backwards unless clearly stated,” the judge said.

The court declared part of the Kajiado County Finance Act, 2023 unconstitutional and cancelled the notices imposing the new land rates and increased land rent.

Henceforth, people with allotted land by the county should pay Ksh.1500 instead of the Ksh.7500 that was initially demanded by Governor Joseph Ole Lenku’s administration.