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The Mombasa Municipal Council (Rating of Added Areas) Regulations

Legal Notice 300 of 1962

This is the latest version of this Legal Notice.
The Mombasa Municipal Council (Rating of Added Areas) Regulations
Citation
Legal Notice 300 of 1962
Primary work
Valuation for Rating Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

VALUATION FOR RATING ACT

THE MOMBASA MUNICIPAL COUNCIL (RATING OF ADDED AREAS) REGULATIONS

LEGAL NOTICE 300 OF 1962

  • Published in Kenya Gazette Vol. LXIV—No. 26 on 19 June 1962
  • Commenced on 19 June 1962
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Mombasa Municipal Council (Rating of Added Areas) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"added areas" means those parts of the Municipality of Mombasa which were added to the former Municipality of Mombasa by section 30 of the Municipalities (Amendment and Miscellaneous Provisions) Ordinance, 1959 (Repealed);"assessment zone" means an area which is the subject of a zonal assessment in accordance with the plan referred to in regulation 6;"council" means the Municipal Council of Mombasa;"former municipality" means the area under the jurisdiction and control of the Council immediately prior to the coming into operation of section 30 of the Municipalities (Amendment and Miscellaneous Provisions) Ordinance, 1959 (now repealed);"land", "rateable owner", "rateable property" and "town clerk" have the meanings assigned to them respectively in sections 2 and 7 of the Act;"municipality" means the area under the jurisdiction and control of the council;"property" means rateable property, public land as defined in section 25 of the Act and Community land as defined in section 26 of the Act;"provisional assessment roll" means the provisional assessment roll prepared by the valuer in accordance with regulation 4;"valuer" means the person or persons appointed by the council in accordance with regulation 3;"zonal assessment" means an assessment per acre or graduated assessment per acre applicable to an assessment zone, which zonal assessment shall be the value of unimproved land (as defined in subsection (2) of section 8 of the Act) at the time of valuation applicable to the valuation roll in force for the time being for the former municipality.

3. Appointment of valuer

The council shall by resolution appoint one or more competent persons as a valuer, to be approved by the Cabinet Secretary, to prepare an assessment roll (hereinafter referred to as the "provisional assessment roll").

4. Declaration and contents of provisional assessment roll

(1)The valuer shall prepare in respect of the added areas a provisional assessment roll of all property, and the roll shall include in respect of each part of the property—
(i)the name and address of the rateable owner or the Government as the case may be;
(ii)the zone and situation of the property and the Survey land reference number thereof;
(iii)the area of the property; and
(iv)the assessment of the property.
(2)The "provisional assessment roll" shall be prepared so as to show separately—
(i)"rateable property";
(ii)"Government land";
(iii)"Community land".
[L.N. 135/1962.]

5. Powers of person preparing provisional assessment roll

For the purpose of preparing the whole or part of the provisional assessment roll the valuer shall have all the powers conferred upon a valuer by section 5 of the Act and all the provisions of that section shall apply mutatis mutandis to the preparation provisional assessment roll.

6. Assessment zones

For the purpose of compiling the provisional assessment roll the added areas shall be divided into the assessment zones as shown on the plan annexed to these Regulations and deposited with the Cabinet Secretary, a copy of which plan is deposited with the council at the Town Hall, Mombasa.

7. Basis of assessment

(1)The valuer shall ascribe to each assessment zone a zonal assessment.
(2)The valuer shall assess each property within each zone at an assessment per acre or a graduated assessment per acre having regard to the zonal assessment of the assessment zone in which the property is situated.

8. Provisional assessment roll inspections and objections

(1)When the provisional assessment roll has been completed it shall be deposited with and lie at the office of the council for public inspection and any person may inspect the same without charge during ordinary business hours and may take copies or extracts therefrom.
(2)When the provisional assessment roll has been deposited with the council in accordance with paragraph (1) the town clerk shall give notice in the Gazette and in one or more newspapers circulating in the municipality that the provisional assessment roll has been deposited and is available for inspection and that any objection to the roll, in the form set out in the Schedule, may be lodged with the town clerk within such time, not being less than twenty-eight days from the date of the publication of the notice in the Gazette, as shall be specified in the notice:Provided that the period of twenty-eight days within which any objections may be lodged with the town clerk shall not apply to any objections made to public land as defined in section 25 of the Act or Community land as defined in section 26 of the Act.
(3)The town clerk shall, within fourteen days after the date on which a notice of objection is lodged with him, send a copy thereof to the rateable owner of the property to which the objection relates if the person is not the maker of the objection.
(4)Any person (including the council or any person generally or specially authorized in that behalf by the council) may lodge an objection with the town clerk on any of the following grounds—
(i)that rateable property, which should have been included, has been omitted from the provisional assessment roll;
(ii)that the zonal assessment ascribed to any assessment zone included in the provisional assessment roll is incorrect;
(iii)that the acreage of any rateable property has not been correctly stated in the provisional assessment roll;
(iv)that, having regard to the zonal assessment, the assessment of any rateable property is incorrect;
(v)that the provisional assessment roll contains some other error, omission or misdescription.
(5)No person shall be entitled to have an objection heard by valuation court unless he shall first have lodged a notice of objection in accordance with the provisions of these Regulations.
(6)Notwithstanding anything hereinbefore contained a valuation court may if it deems fit consider an objection although notice thereof has not been given in accordance with the provisions of these Regulations.

9. Where there are no objections or all objections have been withdrawn

(1)If, on the expiration of the period of twenty-eight days referred to in paragraph (2) of regulation 8, no objections have been received or if all objections duly received shall have been withdrawn prior to the day fixed for the first sitting of the valuation court the town clerk shall endorse upon the provisional assessment roll and sign a certificate to that effect.
(2)The town clerk shall publish notice in the Gazette and in one or more newspapers circulating in the municipality that the assessment roll has been signed and certified under this Regulation.

10. Appointment of valuation court

(1)If the provisions of regulation 9 have not prevailed the council shall appoint a valuation court in accordance with the provisions of section 12 or section 13 of the Act.
(2)The provisions of sections 14, 15, 16 and 17 of the Act shall apply mutatis mutandis in relation to the valuation court appointed under paragraph (1).

11. Signing of provisional assessment roll

(1)As soon as may be after all objections have been heard and determined or otherwise disposed of, and after any necessary amendments have been made in the provisional assessment roll, the president of the valuation court shall endorse and sign a certificate to that effect upon such provisional assessment roll.
(2)A provisional assessment roll, on being signed and certified by the chairman of the valuation court under paragraph (1) or by the town clerk under regulation 9 shall be the assessment roll for the added areas.

12. Application of Act

The provisions of the Act or any Regulations or Rules made thereunder shall, in so far as they have been not expressly or by implication modified by these Regulations, apply mutatis mutandis to the rating of the added areas pursuant to these Regulations.

SCHEDULE [r. 8(b)]

MOMBASA MUNICIPAL COUNCIL (RATING OF ADDED AREAS) REGULATIONS

OBJECTION NO. .................................(To be filled in by Clerk to the valuation Court)Against an entry in the provisional Assessment: Roll prepared under the provisions of the Mombasa Municipal Council (Rating of Added Areas) Regulations.YEAR 20. ............TO: The valuation Court of the Minicipality of MombasaThe following entry has been made in the Provisional Assessment Roll of the Municipality of Mombasa—
Serial No.Section No.Plot No.Name of Rateable OwnerNature of InterestArea AcresZoneAssessment
.       
....................................................(Here insert copy of the entry complained of)...................................................(Here insert name of the objector)I do object to the said entry and ask that—....................................................(The objector will here state what entry he considers should be substituted for the above) on the following grounds......................................................(The objector will here state the reason why he coniders the entry should be altered)Date........................................................................Signature of objector...................................Address for service of noticeDecision of valuation Court—Date .......................................................................Signature of Chairman of valuation Court
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History of this document

31 December 2022 this version
19 June 1962
Published in Kenya Gazette 26
Commenced