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ELCAllowedELC Petition No. E004 of 2026

Sheria Mtaani Na Shadrack Wambui & 4 others v Kajiado County Assembly & another

Environment and Land Court of Kenya
24 September 2026
2,260 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kajiado County cannot collect land rates under its 2026 Finance Act until it prepares a valid valuation roll, a court has ruled.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Kajiado (Judy Omange J) on the Petitioners' Notice of Motion dated 24th April 2026 seeking conservatory orders suspending implementation of sections 14(8), 14(9) and 14(13) of the Kajiado County Finance Act 2026, read with its Tenth Schedule, in so far as these impose land rates and rents. The Petitioners argued the provisions impose rates without a valid valuation roll, contrary to prior judgments of the Court (ELC Petitions E002 of 2024 and E003 of 2025), that public participation was lacking, and that the 25% per annum penalty conflicts with section 16(3) of the National Rating Act 2024. The 1st Respondent (County Assembly) maintained the Bill followed due legislative process, that valuation is an executive function, and that no prima facie case or imminent prejudice was shown, raising a presumption of constitutionality and a jurisdictional objection favouring the National Rating Tribunal. The Court held the Tribunal cannot determine constitutionality of statutory implementation. Finding a prima facie case - given the prior judgment on the same defect and the Respondents' non-denial of the absence of a valuation roll - real danger of prejudice, and public interest in lawful taxation and compliance with court orders, the Court granted a conservatory order restraining implementation of the impugned provisions pending determination of the Petition, with the order lapsing after four months unless hearing is delayed by the Respondents. Costs abide the outcome of the Petition.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the National Rating Tribunal, and not this Court, has jurisdiction over the dispute
  2. 2.Whether the Petitioners have established a prima facie case warranting conservatory protection
  3. 3.Whether failure to grant conservatory relief would prejudice the Petitioners or render the Petition or its substratum nugatory
  4. 4.Where the public interest and the principle of proportionality lie
  5. 5.What orders, if any, ought to issue

Key legal issues

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01

Jurisdiction vis-à-vis the National Rating Tribunal

Holding

The Court has jurisdiction; the Tribunal cannot determine constitutionality of statutory implementation.

Reasoning

The 1st Respondent argued the dispute belonged to the National Rating Tribunal. The Court acknowledged the Tribunal's wide jurisdiction over rates disputes but held that determining the constitutionality of implementation of a statute is a matter reserved for the constitutional jurisdiction of the Environment and Land Court.

p. 7
02

Prima facie case for conservatory orders

Holding

Established: a prior judgment of the Court found rates imposed without a valuation roll unlawful, and the Respondents have not denied the absence of a valuation roll under the 2026 Act.

Reasoning

The Court noted its earlier judgment in ELC Petition E003 of 2025 declaring the 2023 rating provisions unconstitutional for want of a valuation roll. The 1st Respondent did not deny the absence of a valuation roll but said responsibility lay elsewhere. Enacting a new rating regime without curing the identified defect raises a serious question for the substantive hearing.

p. 10
03

Prejudice and substratum of the Petition

Holding

Real danger of prejudice: implementation would expose property owners to rates, penalties and enforcement, potentially rendering the Petition nugatory.

Reasoning

If the impugned provisions are implemented, property owners may become liable to demands for rates and penalties; if the Petition succeeds, the Court would face an already-implemented rating regime. Preservation suspends enforcement only to the limited extent needed to determine whether statutory conditions for lawful implementation are met.

p. 11
04

Public interest and proportionality

Holding

Revenue needs are outweighed, at this stage, by the public interest in lawful imposition of fiscal burdens and compliance with court decisions.

Reasoning

The Court weighed the Respondents' need to raise revenue against the equally compelling interest that rates be imposed strictly per the Constitution and law, citing Article 210(1). It added a profound public interest in respect for and compliance with court decisions, given the prior judgment on the same underlying concern.

p. 11

Legal principles established

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  • The National Rating Tribunal's jurisdiction over rates disputes does not extend to determining the constitutionality of implementation of a statute, which falls within the High Court/ELC's jurisdiction.
  • Conservatory orders concern constitutional values, public interest and preservation of the Court's adjudicatory authority, not merely private prejudice.
  • Compliance with court decisions is central to the rule of law and a relevant public interest consideration in granting conservatory relief.

Court orders

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  1. 1.Conservatory order restraining the Respondents from implementing or enforcing sections 14(8), 14(9) and 14(13), as read together with the Tenth Schedule of the Kajiado County Finance Act, 2026, to the extent they provide for imposition, demand, levy or collection of land rates and rents in the absence of a duly prepared, published and operative valuation roll
  2. 2.Petition to be heard expeditiously within four months failing which the conservatory order shall lapse unless delay is occasioned by the Respondents, in which case the court may extend the orders
  3. 3.Costs to abide the outcome of the Petition

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original constitutional jurisdiction of the Environment and Land Court under the Constitution (Articles 10, 40(1), 190(2), 210(1) invoked); court held constitutionality of statute implementation falls within its jurisdiction

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

pending determination the hearing of the Petition, and a Conservatory order is issued restraining the Respondents from implementing or enforcing sections 14(8), 14(9) and 14(13), as read together with the Tenth Schedule of the Kajiado County Finance Act, 2026, to the extent that those provisions provide for the imposition, demand, levy or collection of the impugned land rates and rents in the absence of a duly prepared, published and operative valuation roll as required by law
Final orders - conservatory order
the Petition shall be heard expeditiously within a period of four months failing which the conservatory order shall lapse unless the delay is occasioned by the Respondents in which event the court shall be at liberty to extend the orders
Final orders - time limit on conservatory order
However, this jurisdiction does not extend to determination of the Constitutionality of implementation of a statute which properly falls within the jurisdiction of this court
p. 7Jurisdiction over constitutionality of rates implementation
a valuation roll is not a mere administrative formality but is the legal mechanism through which rateable property is identified and valued and upon which a lawful rate may thereafter be imposed
p. 5Petitioners' submission on valuation roll (as argued)
Article 210(1) of the Constitution provides that no tax or licensing fee may be imposed, waived or varied except as provided by legislation
p. 11Public interest - lawful imposition of fiscal burdens

Issues in the judgment

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minor

Caption lists five petitioners but the cause title reads 'Sheria Mtaani Na Shadrack Wambui' as one name; party naming is ambiguous.

minor

Order (a) contains a drafting error: 'pending determination the hearing of the Petition'.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sheria Mtaani Na Shadrack Wambui & 4 others v Kajiado County Assembly & another", Case Analysis (2026). ELC Petition No. E004 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5834/eng@2026-09-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.