Kajiado Court stops implementation of new land rates

The Environment and Land Court in Kajiado has halted the enforcement of a new land rates provision from the Kajiado County Finance Act, 2026. Lady Justice Judith Omange issued interim protective orders after the lobby group Sheria Mtaani filed a constitutional challenge. The group argued that the county can't legally impose land rates without first creating, publishing, validating, and implementing a valuation roll as required by the National Rating Act, 2024.

They also claimed the provisions are unconstitutional, citing a previous court decision in Kajiado ELC Petition No. E002 of 2024. Sheria Mtaani further argued that this decision held attempts to change rents payable for allotted properties without a valuation roll to be unlawful. Despite these findings, the county enacted the 2026 Finance Act without correcting the court's identified legal defects.

The case raised constitutional issues regarding property rights, lawful taxation, transparency, and public participation in public finance. The court feared enforcement could cause prejudice to landowners, and any further determination of the petition is pending.