NAIROBI COUNTY GOVERNMENT HAS FAILED TO SET ASIDE THE ORDER HALTING LEVYING NEW RATE.

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lawyer Lydia Kwamboka with Nairobi Senator Gideon Sonko leaving Milimani Law Court last month.

By SAM ALFAN

The attempt by Nairobi County Government seeking to aside halting it from levying on properties owned by the city residents has flopped.
High court judge Justice George Odunga said he cannot set aside the orders issued in the absence of the other parties.
The judge instead directed the county government to serve Nairobi Senator Gideon Sonko with application and matter all parties on Thursday 3.
The county government moved this afternoon seeking to vary orders issued in favor of the senator and Nairobi resident who complaint the levy had been increased from 17 to 34 per cent without proper consultation being conducted.
The court through the senator his lawyer Lydia Kwamboka, had told court that the county government has increase the rate from 17 per cent to 34 for unimproved value of properties within Nairobi.
She told the court unless the restraining orders are issued the Nairobi County agent will start effecting the notification and that the property owners within Nairobi County may be prosecuted for failure to pay the rates.
The court heard that County government came up with rates without consultation with stakeholders or residents of Nairobi, saying the move is arbitrary and oppressive.
The said notification was to take effect from January 2014, saying the agent of the County have started effecting the same.
Justice Odunga said pending the hearing of the judicial review application on April 30, the resident will continue paying the old rates of 17 per cent.

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