Residents of Kajiado North are resisting payment of new and exorbitant land rates to the County government, claiming the rates are impugned and unconstitutional.

The Kajiado County Government introduced a new clause in the Kajiado County Finance Act 2023 requiring the payment of land rates on freehold properties within the zoned regions at Sh5,000 for commercial freehold land.

The clause also included Sh2,500 for residential freehold land and Sh4,000 for residential multi-dwelling or mixed dwelling freehold properties less than or equal to 0.05ha, where the Act made the first rates collectable on January 1, 2024 but not later than June 30, 2024.

In cases where the land owner failed to pay, the Act imposed a penalty of 25 per cent per annum of all outstanding rates that remains unpaid after June 30 every year with and further makes non-payment of the uncelebrated land rates on freehold properties less than or equal to 0.05ha a criminal offence attracting a penalty of a fine not exceeding Sh200,000 or to imprisonment for a term not exceeding one year, or both.

Seeking intervention

Strongly expressing their discontent for the land rates, the residents moved to the High Court against the Kajiado County Assembly, the County Government of Kajiado, the Attorney General and Ngatho Kinuthia, the chief whip and MCA at the Kajiado County Assembly seeking intervention to halt the implementation of the contentious land rates clause.

In a petition filed, the residents argued that the Kajiado County Finance Act, 2023 is unprocedural, unconstitutional, null and void for violating several Articles of the Constitution.

“The Respondents breached the provisions of Articles 10, 196(1)(b) and 201(b) by failing to afford the public adequate opportunity to participate in the legislative process leading to the enactment of the Kajiado County Finance Act, 2023,” the petition read in part.