More than 200 property owners in Nakuru County have obtained an injunction preventing the county government from increasing land rates by 2.0 percent. Justice Millicent Odeny of the Nakuru Environment and Land Court granted the injunction halting the county’s efforts to validate the Valuation Roll 2017.
The Court issued a temporary conservatory order restraining the Nakuru County Government Lands Executive from proceeding with the validation process.
“Temporary conservatory orders are hereby granted staying the process of validation of the Nakuru County Valuation Roll 2017 by the respondents, pending the hearing of the application inter parties,” Justice Odeny said.
The landowners argue that that the county government violated several constitutional provisions, including those guaranteeing public participation and transparency. They also claim the county prepared the draft valuation roll without seeking the necessary approval from the Cabinet Secretary, as required under Section 31 of the Valuation Act (Cap 266). They also pointed out that no regulations have been made under the Valuation Act by the Cabinet Secretary, making the draft valuation roll legally questionable. Furthermore, they noted that the 2017 roll was abandoned in favor of new legislation, the Nakuru County Valuation and Rating Act 2023 which was signed into law by the Governor in December 2023.
In addition, the land owners argue that the valuation roll was prepared by an unknown entity, as no county valuer had been appointed, making the process illegal. They further contend that the roll is riddled with irregularities because it was drafted before the enactment of the 2023 law.