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Kiambu raises land rates by 300%
MugundaMan
#1 Posted : Tuesday, November 13, 2018 2:29:13 PM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
https://www.businessdail...36346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!
Lolest!
#2 Posted : Tuesday, November 13, 2018 2:34:18 PM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
MugundaMan wrote:
https://www.businessdailyafrica.com

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense.

freehold land is liable to rates. The reasoning is, you are benefitting in value increase even when you do nothing to improve your land e.g when govt constructs a road leading to your place
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
MugundaMan
#3 Posted : Tuesday, November 13, 2018 3:05:46 PM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
Lolest! wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense.

freehold land is liable to rates. The reasoning is, you are benefitting in value increase even when you do nothing to improve your land e.g when govt constructs a road leading to your place


None of the freeholds that I own are subject to even a cent in taxes legally/constitutionally and practically as far as I know. Even after the repeal of the old land and titles acts. I'm surprised we have not heard of any owners of freehold land in Kiambu headed to court to sue.
shocks
#4 Posted : Tuesday, November 13, 2018 9:12:45 PM
Rank: Member


Joined: 3/15/2009
Posts: 359
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

Rent and rates, ngombe na mbuzi
MugundaMan
#5 Posted : Tuesday, November 13, 2018 9:52:08 PM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
shocks wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

Rent and rates, ngombe na mbuzi


You pay rents and/or rates on your agricultural freehold? smile
jmbada
#6 Posted : Wednesday, November 14, 2018 7:57:47 AM
Rank: Member


Joined: 1/1/2011
Posts: 396
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

They CANNOT tax freehold land. It is the owner's to hold free and clear of all authority. They have no remedy if the tax is not paid as they can never take posession of the land.
MugundaMan
#7 Posted : Wednesday, November 14, 2018 8:21:05 AM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
jmbada wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

They CANNOT tax freehold land. It is the owner's to hold free and clear of all authority. They have no remedy if the tax is not paid as they can never take posession of the land.


It's crazy, man. As I said I am surprised we do not hear of anyone challenging this in court.
Lolest!
#8 Posted : Wednesday, November 14, 2018 8:26:27 AM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
MugundaMan wrote:
shocks wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

Rent and rates, ngombe na mbuzi


You pay rents and/or rates on your agricultural freehold? smile

You are supposed to. Problem is that county governments and their predecessors the local authorities are not doing well on enforcement.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
MugundaMan
#9 Posted : Wednesday, November 14, 2018 8:55:54 AM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
Lolest! wrote:
MugundaMan wrote:
shocks wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

Rent and rates, ngombe na mbuzi


You pay rents and/or rates on your agricultural freehold? smile

You are supposed to. Problem is that county governments and their predecessors the local authorities are not doing well on enforcement.



Pray tell, under which law? smile Quote cap and section, please.
wukan
#10 Posted : Wednesday, November 14, 2018 9:44:11 AM
Rank: Veteran


Joined: 11/13/2015
Posts: 1,590
jmbada wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

They CANNOT tax freehold land. It is the owner's to hold free and clear of all authority. They have no remedy if the tax is not paid as they can never take posession of the land.


No freehold does not mean that. GoK can actually take away your land and compensate you for it. Freehold only means you do not have a time limitation like you do in leashold like 99 year lease. You also do not pay land rent to GoK

The katiba you voted for is clear in Art 209(3) that a county may impose property rates(sorry if baba read for you). What the county needs to pass is the law to impose those rates like what kiambu has done. Surely if the county is grading the roads to your shamba you need to pay for those local services.
Lolest!
#11 Posted : Wednesday, November 14, 2018 9:52:00 AM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
MugundaMan wrote:

Pray tell, under which law? smile Quote cap and section, please.

Maybe I should be mean & refer you to Proverbs 6?smile

There's the Rating Act(Cap 267) & Valuation for Rating Act(Cap 266)

The Valuation for Rating Act section 2
Quote:
“rateable property” includes land, except—
(a) any land used or reserved for roads, streets (including private
streets), car parks, squares, parks, gardens or other open or
enclosed spaces vested in a local authority;
(b) public land as defined and provided for in section 25;
(c) Community land as defined and provided for in section 26; and
(d) any land used for any of the purposes specified in section 27 or
under any rule made thereunder;

Section 27 of the Valuation & Rating Act
Quote:
27. Certain properties exempted from valuation
(1) No valuation for the purposes of any rate shall be made in respect of any
land which is used, or, is bona fide intended to be used within a reasonable time,
directly and exclusively for any of the following purposes—
(a) public religious worship;
(b) cemeteries, crematoria and burial or burning grounds;
(c) hospitals or other institutions for the treatment of the sick;
(d) educational institutions (including public schools within the meaning
of the Education Act) (Cap. 211) whether or not wholly supported by
endowments or voluntary contributions, and including the residence
of students provided directly by educational institutions or forming part
of, or being ancillary to, educational institutions;
(e) charitable institutions, museums and libraries;
(f) outdoor sports;
(g) National Parks and National Reserves within the meaning of the
Wildlife (Conservation and Management) Act (Cap. 376):


Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
Swenani
#12 Posted : Wednesday, November 14, 2018 9:55:15 AM
Rank: User


Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
MugundaMan wrote:
Lolest! wrote:
MugundaMan wrote:
shocks wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

Rent and rates, ngombe na mbuzi


You pay rents and/or rates on your agricultural freehold? smile

You are supposed to. Problem is that county governments and their predecessors the local authorities are not doing well on enforcement.



Pray tell, under which law? smile Quote cap and section, please.


I'm also interested in this. If it; true, then what's the difference between leasehold and freehold title?
If Obiero did it, Who Am I?
MugundaMan
#13 Posted : Wednesday, November 14, 2018 10:07:57 AM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
Lolest! wrote:
MugundaMan wrote:



Pray tell, under which law? smile Quote cap and section, please.

Maybe I should be mean & refer you to Proverbs 6?smile

There's the Rating Act(Cap 267) & Valuation for Rating Act(Cap 266)

The Valuation for Rating Act section 2
Quote:
“rateable property” includes land, except—
(a) any land used or reserved for roads, streets (including private
streets), car parks, squares, parks, gardens or other open or
enclosed spaces vested in a local authority;
(b) public land as defined and provided for in section 25;
(c) Community land as defined and provided for in section 26; and
(d) any land used for any of the purposes specified in section 27 or
under any rule made thereunder;

Section 27 of the Valuation & Rating Act
Quote:
27. Certain properties exempted from valuation
(1) No valuation for the purposes of any rate shall be made in respect of any
land which is used, or, is bona fide intended to be used within a reasonable time,
directly and exclusively for any of the following purposes—
(a) public religious worship;
(b) cemeteries, crematoria and burial or burning grounds;
(c) hospitals or other institutions for the treatment of the sick;
(d) educational institutions (including public schools within the meaning
of the Education Act) (Cap. 211) whether or not wholly supported by
endowments or voluntary contributions, and including the residence
of students provided directly by educational institutions or forming part
of, or being ancillary to, educational institutions;
(e) charitable institutions, museums and libraries;
(f) outdoor sports;
(g) National Parks and National Reserves within the meaning of the
Wildlife (Conservation and Management) Act (Cap. 376):




Touche on "the very nsulting" Proverbs 6 Laughing out loudly
Lolest unfortunately you are a country mile off on this one. Go to the laws that govern AGRICULTURAL FREEHOLD land eg land in dustbowl outside any municipality. Also distiguish between leasehold and freehold land. Also distinguish between urban freehold (yes there are urban plots eg in Karen that are freehold) and agricultural freehold, then revert.
Lolest!
#14 Posted : Wednesday, November 14, 2018 10:11:36 AM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Swenani wrote:
MugundaMan wrote:
Lolest! wrote:
MugundaMan wrote:
shocks wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

Rent and rates, ngombe na mbuzi


You pay rents and/or rates on your agricultural freehold? smile

You are supposed to. Problem is that county governments and their predecessors the local authorities are not doing well on enforcement.



Pray tell, under which law? smile Quote cap and section, please.


I'm also interested in this. If it; true, then what's the difference between leasehold and freehold title?

See post 11 above. The difference is the payment of land RENT. Land rent is payable by the lessee of leasehold land to the lessor(govt).

Land rates are taxes payable by property owners. the rationale is property gains in value even where the owner does nothing on it
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
MugundaMan
#15 Posted : Wednesday, November 14, 2018 10:17:28 AM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
wukan wrote:
jmbada wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

They CANNOT tax freehold land. It is the owner's to hold free and clear of all authority. They have no remedy if the tax is not paid as they can never take posession of the land.


No freehold does not mean that. GoK can actually take away your land and compensate you for it. Freehold only means you do not have a time limitation like you do in leashold like 99 year lease. You also do not pay land rent to GoK

The katiba you voted for is clear in Art 209(3) that a county may impose property rates(sorry if baba read for you). What the county needs to pass is the law to impose those rates like what kiambu has done. Surely if the county is grading the roads to your shamba you need to pay for those local services.


Quote:
(1) Only the national government may impose --

(a) income tax;
(b) value-added tax;
(c) customs duties and other duties on import and export goods; and
(d) excise tax.

2) An Act of Parliament may authorise the national government to impose any other tax or duty, except a tax specified in clause (3) (a) or (b).

(3) A county may impose--

(a) property rates;
(b) entertainment taxes; and
(c) any other tax that it is authorised to impose by an Act of Parliament.


(4) The national and county governments may impose charges for services.

(5) The taxation and other revenue-raising powers of a county shall not be exercised in a way that prejudices national economic policies, economic activities across county boundaries or the national mobility of goods, services, capital or labour.


Where does it say that the agricultural freehold land is ratable? And where is the act of parliament that authorized it? Remember ratable properties are those within local authorities/municipalities under the acts Lolest has mentioned. This illegal tax is ripe for court challenge.
Lolest!
#16 Posted : Wednesday, November 14, 2018 10:25:30 AM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Quote:
Lolest unfortunately you are a country mile off on this one. Go to the laws that govern AGRICULTURAL FREEHOLD land eg land in dustbowl outside any municipality. Also distiguish between leasehold and freehold land. Also distinguish between urban freehold (yes there are urban plots eg in Karen that are freehold) and agricultural freehold, then revert.

See section 27 up there. I know about Karen, even seen those old colonial title deeds that read "Kiambu District".

If Kajiado County Govt today wants to impose rates on your plots, you cannot challenge it based on illegality. Maybe based on "no services rendered" like Karengata.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
MugundaMan
#17 Posted : Wednesday, November 14, 2018 10:44:25 AM
Rank: Elder


Joined: 1/8/2018
Posts: 2,211
Location: DC (Dustbowl County)
Lolest! wrote:
Quote:
Lolest unfortunately you are a country mile off on this one. Go to the laws that govern AGRICULTURAL FREEHOLD land eg land in dustbowl outside any municipality. Also distiguish between leasehold and freehold land. Also distinguish between urban freehold (yes there are urban plots eg in Karen that are freehold) and agricultural freehold, then revert.

See section 27 up there. I know about Karen, even seen those old colonial title deeds that read "Kiambu District".

If Kajiado County Govt today wants to impose rates on your plots, you cannot challenge it based on illegality. Maybe based on "no services rendered" like Karengata.



Quote:
1. Short title and application
(1) This Act may be cited as the Valuation for Rating Act.
(2) This Act shall apply to any area of a local authority in respect of which any
rate on the valuation of land, other than a rate on the annual value of agricultural land, in the area has been imposed by or under any law.


As I said, if these guys don't go to court, shauri yao!

wukan
#18 Posted : Wednesday, November 14, 2018 10:49:04 AM
Rank: Veteran


Joined: 11/13/2015
Posts: 1,590
MugundaMan wrote:
wukan wrote:
jmbada wrote:
MugundaMan wrote:
https://www.businessdailyafrica.com/news/counties/Kiambu-raises-land-rates-for-homeowners-by-300pc/4003142-4836346-ysqdpt/index.html

But why introduce taxes on freehold land? Laughing out loudly Is that even constitutional?

All the more reason for all of you Kiambu landholders to move to d-bowl Jameni. You guys are being skinned alive with crazy taxes that make no sense!

They CANNOT tax freehold land. It is the owner's to hold free and clear of all authority. They have no remedy if the tax is not paid as they can never take posession of the land.


No freehold does not mean that. GoK can actually take away your land and compensate you for it. Freehold only means you do not have a time limitation like you do in leashold like 99 year lease. You also do not pay land rent to GoK

The katiba you voted for is clear in Art 209(3) that a county may impose property rates(sorry if baba read for you). What the county needs to pass is the law to impose those rates like what kiambu has done. Surely if the county is grading the roads to your shamba you need to pay for those local services.


Quote:
(1) Only the national government may impose --

(a) income tax;
(b) value-added tax;
(c) customs duties and other duties on import and export goods; and
(d) excise tax.

2) An Act of Parliament may authorise the national government to impose any other tax or duty, except a tax specified in clause (3) (a) or (b).

(3) A county may impose--

(a) property rates;
(b) entertainment taxes; and
(c) any other tax that it is authorised to impose by an Act of Parliament.


(4) The national and county governments may impose charges for services.

(5) The taxation and other revenue-raising powers of a county shall not be exercised in a way that prejudices national economic policies, economic activities across county boundaries or the national mobility of goods, services, capital or labour.


Where does it say that the agricultural freehold land is ratable? And where is the act of parliament that authorized it? Remember ratable properties are those within local authorities/municipalities under the acts Lolest has mentioned. This illegal tax is ripe for court challenge.


Counties do not need an act of parliament because katiba says national govt cannot levy property rates it is the county assemblies that are supposed to enact the legislation. Kiambu updated their valuation roll in 2014 and most of the land in Kiambu is adjudicated and the registered owners are known.

Quote:
In Kenya, property rates is levied under the Valuation for Rating Act (Cap 266) of 1956 and the Rating Act (Cap 267) of 1963. The former guides preparation of the valuation roll. The latter provides for imposition of rates and forms of rating that are applicable. To give effect to Article 209(3) of the Constitution, County Governments are required to enact property rating and valuation legislation. Less than ten County Governments have done so. Counties that have not enacted new legislation still rely on Cap 266 and Cap 267, which are not aligned to the Constitution.
Lolest!
#19 Posted : Wednesday, November 14, 2018 10:53:40 AM
Rank: Elder


Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Kuja hapa wa migunda
Quote:
“agricultural rental value rate” means a rate levied on the annual value
of agricultural land;
“annual value”, in relation to an agricultural rental value rate, means—
(a) in the case of land which is held on a lease from the Government
for a term of 999 years and in respect of which an annual rent has
been reserved by such lease, the annual rent so reserved; and
(b) in the case of any other land, the annual rent which might
reasonably have been reserved if such land had been held on a
lease from the Government for a term of 999 years commencing
with the year 1960;
“area council” means any area council established under the Local

This section here in Rating Act should be why the Valuation for Rating Act is not applied on agricultural land
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
Swenani
#20 Posted : Wednesday, November 14, 2018 10:58:38 AM
Rank: User


Joined: 8/15/2013
Posts: 13,237
Location: Vacuum
Lolest! wrote:
Kuja hapa wa migunda
Quote:
“agricultural rental value rate” means a rate levied on the annual value
of agricultural land;
“annual value”, in relation to an agricultural rental value rate, means—
(a) in the case of land which is held on a lease from the Government
for a term of 999 years and in respect of which an annual rent has

been reserved by such lease, the annual rent so reserved; and
(b) in the case of any other land, the annual rent which might
reasonably have been reserved if such land had been held on a
lease from the Government for a term of 999 years commencing
with the year 1960;

“area council” means any area council established under the Local


That is still lease hold. What about free hold? Free hold/absolute is not timebound
If Obiero did it, Who Am I?
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