There is a looming legal battle between residents of Thika Sub-County and the Kiambu County Government over the manner in which it passed and started implementing the Kiambu Finance Act 2015/16.
If the county is sued, the outcome of the case could set a precedent to court cases countrywide seeking to address the legality of county governments in handling their affairs vis-a-vis public participation.
Through its lawyer Prof Kiama Wangai, JAMOFOSTA estates residents, an association representing the welfare of over 25,000 residents of Jamuhuri, Ofafa, Starehe, Kimathi, Ziwani, Magoko, UTI, Teachers Quarters (Majengo), Bondeni Kamenu Estates as well Jamuhuri and Madaraka markets in the sub-county, has given the county government an ultimatum to dialogue with them or go to courts for arbitration.
They argue that the Finance Act imposes new taxes, fees and charges to residents without being supported by the relevant substantive/parent laws.
The defined process aimed at ensuring proper public participation too was not adhered to, thus the illegality, they said.
The county government is also accused of presenting for debate at their county assembly, a different Finance Bill from the one that was validated at the stakeholders' forum.
The group met during the annual Thika District Business Association meeting on Friday where they vowed not to pay licence fee until they dialogue with the county government.