Kajiado court halts new land rates and rent as residents challenge Finance Act

The Environment and Land Court in Kajiado has temporarily stopped the implementation and enforcement of provisions of the Kajiado County Finance Act, 2026, requiring payment of land rates and rent.

Sheria Mtaani counsel Shadrack Wambui addressing the press outside Milimani law courts after a court's decision on September 24,2026/Photo credit: Reporter.

The orders were issued after Sheria Mtaani chairman Counsel Shadrack Wambui,Lawyer Danstan Omari and several residents’ associations challenged the legality of the charges, arguing that the county government introduced them without following the statutory process governing the assessment and collection of land rates.

The petition targets Sections 14(8), 14(9) and 14(13), read together with the Tenth Schedule of the Kajiado County Finance Act, 2026.

The petitioners argue that the county cannot lawfully impose the disputed charges without first preparing and adopting a valid valuation roll as required under the National Rating Act, 2024.

According to the court papers, the National Rating Act provides for a process through which a valuation roll is prepared, published, subjected to public scrutiny and subsequently adopted before it can form the basis for determining land rates.

The petitioners claim that Kajiado County has not prepared, published, validated or operationalised the required valuation roll.

They argue that without the valuation roll, property owners are unable to establish the basis upon which the amounts demanded from them have been calculated.

They further point to Section 22 of the National Rating Act, which provides for the preparation of a valuation roll and its availability for public scrutiny, including an opportunity for members of the public to raise objections.

The residents have also challenged the county's compliance with requirements governing enforcement against property owners who fail to pay the disputed charges.

The petitioners argue that the law requires a 60-day default notice before enforcement action can be taken against a ratepayer.

They contend that failure to follow the required procedure could expose property owners to penalties and enforcement measures without the safeguards provided by law.

The petitioners have also questioned the process through which the Finance Act was enacted, arguing that affected property owners were not given adequate opportunity to participate in the legislative process.

They are asking the court to declare the contested provisions requiring payment of land rates and rent null and void and to permanently restrain the county from enforcing the disputed charges.

They have also challenged the variation of land rent from amounts contained in letters of allotment, asking the court to determine whether the county acted lawfully in making such changes.

The dispute comes against the backdrop of an earlier legal battle over Kajiado's land rates regime, which the petitioners have cited in challenging the county's latest provisions.

            A Photo of  a Court's Gavel

For now, the court's interim orders mean that implementation and enforcement of the contested provisions remain suspended as the legal challenge proceeds.

The court has directed that the matter return on October 8, 2026, for further directions and the fixing of hearing dates.

The interim orders do not constitute a final determination on whether the provisions of the Kajiado County Finance Act, 2026 are lawful.