February 27, 2020
Mombasa Court Orders Stay of County Rates Increases

On October 2018, the County Government of Mombasa published a revised draft Valuation Roll which substantially increased the values of all parcels of land in Mombasa County for purposes of the annual Rates. At the time, we advised our clients to lodge objections against the values. So far as we are aware, the County Government is yet to set up Valuation Courts to deal with those objections.

In the meantime, on 7th February 2020, the County Government of Mombasa announced that from 1st January 2020, Rates will be levied on all rateable properties in Mombasa based on the new Valuation Roll at the following rates:

  1. Commercial/Industrial Properties – 0.8%
  2. Residential/Agricultural Properties – 0.6%

Despite the reduction in the percentage, this has led to substantial increases in the amounts payable by way of Rates for most properties in Mombasa County, in some cases by more than 400%.

On 25th February 2020, the Environment & Land Court at Mombasa gave conservatory orders against the County Government of Mombasa staying the implementation and enforcement of these increases in Rates and directed that owners of properties in Mombasa County should continue to pay Rates for 2020 in the same amounts as were applicable in 2019. The County Government has also been restrained from implementing the Valuation Roll published as a draft in October 2018.

For now, these orders will remain in force until 11th March 2020, when the matter is due to be heard by the Court.

Owners of rateable property in Mombasa are advised to pay Rates for the year 2020, in the same amount that was levied in 2019. Please note that if that amount due is not paid by 31st March 2020, the County Government will be entitled to levy interest on the outstanding amount.

For further legal advice with respect to this alert, please contact our Partner

Abdulhafeez Noorani at Hafeez.Noorani@CMS-DI.com

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