Kajiado government has been blocked from imposing land rates on freehold properties as introduced by the County Finance Act, 2023.
Justice Loice Komingoi granted a temporary order, blocking the implementation of Section 14(8) of the Kajiado County Finance Act, 2023.
The Environment and Land Court judge said the apprehension by the residents that the imposition of the land rates on freehold properties amounts to conversion of their properties to leasehold, was well founded.
"I find that the residents of Kajiado County stand to suffer irreparable loss if the order is not granted," ruled the judge.
Through a lobby group- Sheria Mtaani na Shadrach Wambui, the residents argued the imposition of land rates on freehold titles without public participation was unconstitutional.
Mr Wambui submitted that the section required landowners in designated zones to pay Sh5,000 annually for commercial freehold land and Sh2,500 for residential multi-dwelling land or mixed-dwelling freehold land of less than or equal to 0.5 hectares.
According to Mr Wambui, failure to pay the rates imposed a fine of 25 percent per annum of all outstanding rates that remain unpaid after June 30 every year, or a fine not exceeding Sh200,000 or imprisonment for a term not exceeding one year, or both.
The county government opposed the application arguing that the suspension of the section would deny the devolved unit revenue collection, which was critical for service delivery.
Mr Joshua Leboo, the clerk of the county assembly submitted that the law was subjected to public participation.
He said in an affidavit that the law was uploaded to the county's website and later published in two daily newspapers.
The judge ruled that freehold title must first be converted to leasehold in order to be subjected to land rates.
Justice Komingoi further said the Kajiado County government did not demonstrate that public participation was conducted.
The judge, however, declined an application for the file to be forwarded to Chief Justice Martha Koome for appointment of a bench of three judges to determine the issues raised in the petition.
