Residents of Kahawa Sukari Estate have received temporary relief after the High Court of Kenya barred the Kiambu County Government from enforcing increased land rates pending the hearing of a petition challenging the hike.
In a ruling, Justice Mogeni directed that a temporary conservatory order be issued, stopping the implementation of the contested charges as the court considers the application filed by residents.
Residents Challenge Sharp Rate Increase
The case was filed by four petitioners—Dickson Miano Maina, Joseph Kurauka, Murithi Kananua, and Nicholas Komu—on behalf of 578 plot owners in Kahawa Sukari Estate.
The residents moved to court to challenge what they describe as a drastic increase in land rates imposed by the county government.
According to court documents, homeowners previously paid Sh1,500 annually in land rates. However, in 2024, the county government increased the charges to Sh15,750, which the petitioners say represents an approximate 1,000 percent increase.
“The increase represents approximately 1000 percent and therefore a disproportionate increase that is detrimental to the right to hold property,” the petitioners state in court documents.
Claims of Lack of Public Participation
The residents argue that the county government failed to conduct meaningful public participation before implementing the new rates, which they say violates the legal framework governing land valuation and rating.
They also claim that the valuation used assumed a uniform land value of Sh6.3 million per quarter acre, based on a 2014 valuation, which they say does not reflect the variations in property values within the estate.
Financial Strain on Residents
In an affidavit filed in court, petitioner Dickson Miano Maina stated that many residents are retirees facing financial challenges and cannot afford the increased rates.
He also noted that several key services within the estate, including security and waste management, are largely funded and managed by residents themselves.
Additionally, the petitioners said sewer connectivity in the area remains limited, forcing many households to rely on septic tanks despite the higher land charges.
Court Issues Temporary Orders
Although Justice Mogeni declined to certify the application as urgent, the court granted interim conservatory orders stopping the implementation of the new land rates until the matter is heard and determined.
The court further directed the petitioners to serve all parties involved in the case, including the Kiambu County Government, the governor, the County Executive Committee Member for Finance, and the Kiambu County Assembly.
The matter is scheduled to be mentioned on June 18, 2026, for further directions.
