Senators
and governors are on a collision course over the imposition of exorbitant land
rates and unexplained waivers, raising concerns about how county bosses are
managing the process.
The
standoff follows complaints by senators about how counties are enforcing the
rates, terming the exercise a matter of national concern.
As a
result, the Senate Committee on Land, Environment, and Natural Resources is set
to commence an inquiry into the issue.
Nyamira
Senator Okong’o Omogeni accused governors of abusing the new National Rating
Act, claiming it has opened avenues for unscrupulous individuals to enrich
themselves at the expense of citizens who are not receiving commensurate
services.
He
singled out Nairobi County, where he said residents are being harassed by
enforcement officers acting under the directive of Governor Johnson Sakaja.
“They
are evicting people from their homes, and cartels are swooping in to buy these
properties. That was never our intention. Taking away people’s homes in such an
arbitrary manner is inhumane,” said Omogeni.
“How
can you auction a house worth Sh12 million or Sh15 million to recover just
Sh104,000 in rates? This is nothing short of a scheme to rob dedicated civil
servants,” he added.
Omogeni
stressed that the original goal of the law was to enable counties to collect
revenue to provide services — not to displace residents.
“That
was never our intention when we passed the National Rating Act. I urge the
committee to summon the governor,” he said.
He
also criticized Kiambu Governor Kimani Wamatangi for levying high rates despite
the absence of a legally approved valuation roll.
“On
what basis are they determining rates and rents? And when waivers are granted —
as in the case of Governor Sakaja — there must be consensus and transparency.
While we agree that Nairobi residents should not live rent-free, there must be
accountability,” said Omogeni.
Parliament
recently enacted legislation to establish a standard framework for county
governments to assess and impose rates on land and buildings.
The
law also introduces accountability mechanisms for the use of revenues collected
from these rates. It provides a modernized framework for property valuation
using technology to enhance accuracy and efficiency.
Among
other provisions, the law creates the Office of the Chief Government Valuer to
oversee valuation processes and offer expert guidance. It also establishes the
National Rating Tribunal, a 15-member body to handle disputes related to
property valuation and rating.
Kiambu
Senator Karung Thang’wa echoed concerns raised by residents in his county,
saying there is no public access to a valuation roll, no formal notice of rate
changes, and an unexplained spike in rate demands.
He
asked the Senate committee, chaired by Mombasa Senator Mohamed Faki, to
establish whether the Kiambu County Government has a legally prepared and
adopted valuation roll.
“If it
exists, we want to know when it was prepared, by whom, when it came into
effect, and the process that was followed — including the dates of preparation
and adoption, evidence of public participation, where and how the public can
access it, and why it has not been gazetted or published as required by law,”
said Thang’wa.
He
also demanded details on how the current land rates are calculated and what
enforcement actions have been undertaken or planned.
Kajiado
Senator Seki Lenku decried the arbitrary imposition of high rates in many
counties, saying the lack of public participation is to blame.
“A
valuation roll must be subjected to public scrutiny so that residents can give
their input. County governments must seek approval from county assemblies
before implementing new rates — not impose them unilaterally,” said Lenku.
“I
believe county governments should involve residents and ensure business people
are not unfairly targeted,” he added.
