Kiambu County to Make Freehold Land Untaxable

The County Assembly of Kiambu is currently embroiled in a critical debate surrounding land valuation and taxation. This issue gained momentum after the Majority Leader in the National Assembly Kimani Ichung’wah Withdrew Land Laws Amendment Bill 2023 which Proposed an Annual Levy on Freehold Land Within or Close to Urban Areas. Notably, Kiambu County has a history of land-related protests, with stakeholders expressing their discontent over the existing land valuation and rating system.

The Kiambu County Valuation and Rating Act, 2016

The Kiambu County Valuation and Rating Act, enacted in 2016, designates all freehold land in Kiambu as ratable. Under Section 14 of the Act, the county government has the authority to enter any private land for valuation purposes. Attempts to prevent this valuation process can result in fines or imprisonment..

Public Participation and Residents’ Submissions

The current valuation system was established during former Governor William Kabogo’s tenure in 2016. However, inconsistencies persisted due to rating systems inherited from eight defunct local authorities. Now, the County Assembly is revisiting this issue, considering memorandums presented by residents and stakeholders during public participation.

Protecting Freehold Land

Godfrey Mucheke, Leader of the Majority Party, emphasizes that the assembly will act in accordance with the people’s wishes. He calls on Members of Parliament (MPs) to amend the Valuation for Rating Act 2015, specifically to protect freehold land from becoming taxable property. The goal is to correct past misdeeds and ensure fairness within the legal framework.

Governor Kimani Wamatangi’s Position

Governor Kimani Wamatangi, who previously urged the assembly to reevaluate the Act, aims to remove contentious charges and reduce existing ones. The law, initially passed in 2016, aligns with the national government’s Valuation for Rating Act 2015. However, the county assembly seeks to address concerns raised by residents and stakeholders, proposing significant reductions in land rates.

Zero Rating for Freehold Properties

The County Government has submitted a memorandum proposing substantial changes. These include:

• Reducing land rates from the proposed 0.25 percent (as per the Act) to 0.15 percent.
• Implementing a zero rating for freehold properties not used for commercial purposes.
• Exempting properties less than five acres used for domestic purposes from any charges.

Bunge Mashinani Initiative’s Call for Dissolution

In February 2024, the Bunge Mashinani Initiative (BMI), a civil society organization advocating for citizen empowerment, raised concerns about the Kiambu County government. They allege violations of the Kenyan Constitution related to the recent activation of the Kiambu County Valuation and Rating Act, 2016. Key issues include unrealistic taxation and transparency/accountability concerns.The BMI emphasizes the people’s right to be heard through elected representatives.