Kajiado land owners have filed a petition in court challenging the constitutionality of the Kajiado County Finance Act 2023.
The petitioners; Sheria Mtaani Organization, advocate Shadrack Wambui, Residents associations from Olkeri,Ngong Oloo surutia, Acacia among others raise several key issues regarding the Act, asserting that it violates their constitutional rights and fails to adhere to proper legislative processes.
The petitioners argue that the Act imposes unfair and excessive land rates on freehold properties, particularly affecting vulnerable groups such as the elderly and low-income residents.
They claim that the rates are discriminatory and could lead to financial hardship, including the potential loss of homes.
They also contend that the county government failed to engage the public in the legislative process, violating Article 196 of the Constitution, which mandates public participation in law-making. They assert that their views and concerns were not considered during the enactment of the Act.
The petitioners claim that the Act was enacted in an un-procedural manner, lacking the necessary debate and approval from the County Assembly. They argue that this undermines the legitimacy of the law and the principles of good governance.
The Act includes severe penalties for non-payment of the newly imposed land rates, which the petitioners argue could criminalize individuals who are unable to pay, thus infringing on their rights and dignity.
The petitioners express concern that the Act attempts to convert freehold titles to leasehold titles, which they view as an illegal change in land tenure that threatens their property rights.
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The petition seeks judicial intervention to declare the Kajiado County Finance Act 2023 unconstitutional and to prevent its implementation, thereby protecting the rights and interests of the affected landowners and ensuring adherence to constitutional principles.
The county government through County Executive Committee Member (CECM), Finance and Economic Planning Alais Kisota in a statement said the Kajiado County Assembly enacted and passed the Kajiado County Rating Act of 2016 and the corresponding Finance Act, which provides for clear guidelines and mechanisms for collection of the applicable rates and other revenue charges.
“We have noted a growing number of inquiries, both in our offices and through field officers, as well as media reports from property owners who believe that properties under freehold tenure are exempt from paying rates. Their assumption has been that rates are only applicable to leasehold properties,” the statement read.
The county directed all property owners to familiarize themselves with these provisions to ensure compliance and support the county’s efforts in raising its own source revenue for improved service delivery.
The residents have been protesting punitive laws that include business licenses which have made it difficult for businesses to operate in the county, for instance they are issued with business permits that expire on December 31st every year, meaning if one gets a license on November it automatically expires a month later. In counties such as Nairobi County a license expires in 12 months starting from date it was paid for.
By Obegi Malack
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