28th October 2025
Our very own Senior Partner, Chacha Odera, and Senior Associate, Jessica Detho Oliwa, secured yet another significant victory for Tata Chemicals Magadi Ltd (“the Company”), safeguarding their operational stability and reinforcing the legal protections afforded to businesses operating in Kenya.
In 2018, the County Government of Kajiado arbitrarily demanded the payment of a colossal KES 17,448,485,646 from Tata Chemicals Magadi Ltd being purported land rates and royalties due and owing for the period 2013 to 2018. The Company maintained that the obligation to pay land rates and royalties lies with the National Government and not the County Government and further that it has been making payment for the same.
In agreeing with the arguments made by the Company, the Court of Appeal asserted that indeed the imposition of rates and royalties by the County of Kajiado on the Company was arbitrary and illegal for the reasons that, the enactment of the provisions of the Kajiado County Finance Act 2014 that provide for the levying of rates and royalties on soda minerals by the Kajiado County offend the Mining Act and Article 62(1) and (3) of the Constitution of Kenya; and the land rates had not been determined in compliance with the Rating Act, the Valuation of Rating Act (now repealed) Articles 201 and 209(3) and (5) of the Constitution.”
Read the full Judgment here
About Oraro & Company Advocates
Oraro & Company Advocates is a full-service market-leading African law firm established in 1977 with a strong focus on dispute resolution and corporate & commercial law. With a dedicated team of partners and associates, the firm has been consistently ranked by leading legal directories such as Chambers Global, IFLR1000 and Legal 500 as a top-tier firm in Kenya.
Oraro & Company Advocates prides itself in its deeply rooted client relationships by providing quality legal services through its partner-led approach, drawing from local knowledge and global perspectives.
The firm is a full Affiliate Member of AB & David Africa, a Pan-African business law network committed to ensuring that businesses and projects succeed in Africa, by helping clients minimize the risks associated with doing business in the continent. This enables the firm to offer cross-jurisdictional legal advice in a seamless manner, while maintaining the highest professional standards.
