Kenya National Chambers of Commerce and Industry (Kilifi Chapter) v County Government of Kilifi & 3 others [2021] KEELC 3169 (KLR)
The bottom line
#The High Court quashed Kilifi County's Draft Valuation Roll because the county failed to involve the public before publishing it.
What this practically means
#Executive summary
#Key legal issues
#Whether public participation in the valuation process was adequate
The Respondents failed to facilitate meaningful public participation before publication of the Draft Valuation Roll; publication of a Gazette notice at the tail end of the process was insufficient
The court held that under Sections 9 and 18 of the Valuation for Rating Act, once a draft roll is laid before the local authority and published, it is deemed to have come into force, so objections at that stage cannot be a substitute for prior participation. The Gazette notice of 12th April 2019 came at the very end of the process, and the Applicants' concern was exclusion from the valuation process itself, not merely inspection of the roll.
Whether the appointment and work of the 4th Respondent as County Valuer was justified
The 1st, 2nd and 4th Respondents failed to demonstrate that the appointment of Fairlane Valuers Ltd complied with the Public Procurement and Disposal Act and Section 7 of the Valuation for Rating Act
Given aspersions cast on the appointment of the valuer, the burden lay on the Respondents to show compliance with Sections 27(1) and 29(1) of the Public Procurement and Disposal Act No. 3 of 2005 and approval by a resolution of the County Assembly under Section 7 of the Valuation for Rating Act. They remained silent, and the 4th Respondent never explained how it prepared the impugned Draft Roll.
The scope of judicial review after the Constitution of Kenya 2010
Judicial review scope has expanded under Article 47 and the Fair Administrative Action Act, 2015, which codifies public participation in administrative action
The court noted that judicial review is no longer confined to the classic grounds of illegality, irrationality and procedural impropriety; Article 23(3)(f) and Article 47, as operationalised by the Fair Administrative Action Act, entitle persons affected by administrative action to action that is lawful, reasonable and procedurally fair, and require public notice and invitation of views where action materially affects a group or the public.
Legal principles established
#- Judicial review concerns itself with the decision-making process, not the merits of the decision
- Public participation is not mere consultation and must be real, not illusory
- Once a Draft Valuation Roll is published, it comes into force by operation of Section 18 of the Valuation for Rating Act and no meaningful public participation can take place thereafter
Court orders
#- 1.Judicial review orders granted in terms of Prayers 1 to 8 of the Notice of Motion dated 9th October 2019, namely declarations that the 1st and 2nd Respondents failed to facilitate public participation, that the Kilifi County Draft Valuation Roll published on 5th April 2019 is unconstitutional and offends the canons of taxation, an order of certiorari quashing the Draft Valuation Roll, an order of prohibition stopping its certification and implementation, and orders of mandamus
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court under Article 23(3)(f) and Article 47 of the Constitution of Kenya 2010 and the Fair Administrative Action Act, 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Chambers of Commerce and Industry (Kilifi Chapter) v County Government of Kilifi & 3 others [2021] KEELC 3169 (KLR)", Case Analysis (2021). Judicial Review Motion dated 9th October 2019 (Ex-Parte Applicant: Kenya National Chamber of Commerce and Industry-Kilifi Chapter). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3169/eng@2021-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.