The Environment and Land Court in Kajiado has suspended the imposition and enforcement of new land rates and rent under the 2026 County Finance Act, pending the hearing and determination of a petition challenging their legality.
The case was filed by Sheria Mtaani and advocate Shadrack Wambui, alongside residents’ associations from Ongata Rongai, challenging provisions of the Finance Act that impose land rates on rateable properties and rent on allotted properties.
The petitioners argue that Kajiado County cannot lawfully impose the charges without first preparing, publishing and adopting a valuation roll as required under the National Rating Act, 2024.
They claim the county has not operationalised a valid valuation roll on which the new rates can be based, leaving property owners facing financial demands without a clear valuation methodology or statutory basis.
The petition also challenges a 25 percent annual penalty imposed on unpaid rates, with the petitioners arguing that it conflicts with national law governing interest on outstanding rates.
They have further raised questions over public participation in the process leading to the revised charges.
The petitioners want the court to declare the contested provisions of the 2026 Finance Act unconstitutional and permanently restrain the county government from imposing the disputed land rates and rent.
Speaking after the orders were issued, Wambui, who is also contesting the Kajiado North parliamentary seat, said Sheria Mtaani moved to court on April 27, 2026, challenging what they describe as excessive land rates imposed on residents.
Lawyer Danstan Omari said the dispute goes beyond the financial burden, describing land as critical and deeply emotional to the people of Kajiado.
Omari said residents live on the land, earn their livelihoods from it and will ultimately be buried there. He added that the legal process would seek to hold county leaders, led by Governor Joseph Ole Lenku, to account over the disputed charges.
Meanwhile, lawyer Jeff Kangethe said the petitioners had already filed submissions explaining why the rates should not be imposed, with the latest orders now preventing the county from enforcing the charges as the case proceeds.
The county government’s response will form part of the proceedings as the court considers the substantive petition.
The matter will return to court on October 8, 2026, for further directions and the fixing of hearing dates.
For now, the disputed land rates remain suspended, with the court yet to make a final determination on whether the contested provisions of the Kajiado County Finance Act, 2026 are lawful.
