A section of residents of Kajiado County scored a major victory after the High Court barred the county government from imposing land rates on freehold properties.
Lady Justice Loice Komingoi ruled that the move by the county government lacked public participation, rendering it unconstitutional.
In the petition, filed through lawyer Shadrack Wambui, the residents argued that there was no public involvement before the introduction of land rates on freehold properties.
They further claimed that the county government had failed to provide basic services such as proper roads, sewerage systems, and clean drinking water – forcing residents to rely on biodigesters, pit latrines, and private or community water sources.
“There is no reason why such rates should be collected when the county has made life an enduring experience for its residents, who have to install solar panels along dark streets to enhance security and prevent loss of life and property,” the court papers stated.
The residents also contended that the Kajiado County Finance Act violated provisions of the Land Act, terming it an unlawful attempt to convert freehold titles into leasehold titles.
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