Koth Moses Owuor

Private Developer

[ROBA & ASSOCIATES LLP @AssociatesRoba]

🚨🔥 YOUR FAMILY CAN LIVE ON LAND FOR YEARS - THEN ONE DAY A COURT CAN ORDER IT BACK TO SOMEONE ELSE

The Environment and Land Court has delivered a serious reminder to anyone who owns, occupies or has inherited land: a title deed alone may not end the story. In Mildred Akoth Warrakah v Mwafumbiri Mwatsami, a woman sued to evict a family from a 16-hectare parcel in Kwale, relying on a title registered in her late husband’s name after an alleged bank auction. The family fought back, insisting that the land had belonged to their late father, who had lived on and developed it for years, and that the alleged loan, charge and auction used to transfer the land were fraudulent and unlawful. The question before the Court was simple but explosive: could the registered owner lawfully evict a family if the process through which the land was sold was never properly followed?

The Court said NO. Although the Court found the underlying charge valid, it found no evidence that the required statutory notices had been served before the alleged sale. There was also no evidence of a proper auction advertisement, no proof that the land was actually sold by public auction, and no evidence that it had been valued before the alleged sale. The Court found the sale process “shrouded in secrecy” and declared it irregular. The Plaintiff’s case was dismissed, while the family’s counterclaim succeeded. The Court ordered the land to revert to Abdallah Mwamtsame Ali Chuii and issued a permanent injunction protecting the property from interference by the Plaintiff and those claiming through her.

This is the part every mwananchi must remember: land disputes are not always about who has the title deed in their hands today - they can become a fight over what happened before that title was issued. A family can farm land for decades. A buyer can pay millions for a property. An heir can inherit a title. Yet if the transaction that created the title was fundamentally unlawful, the consequences can come years later. If you are buying land, inheriting land, occupying ancestral land, or dealing with land acquired through a bank auction, do not wait for a dispute to teach you the history of that property. Find out now. Because sometimes, the most expensive land document is the one nobody bothered to investigate. 🔥

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[Moe @moneyacademyKE]

Now let’s use a real example of a new Toyota Probox.

If you are importing a Toyota Probox, the CIF (customs value) is about Sh1.5 million.

Import duty (35%) = about Sh525,000
Excise duty (~25%) = about Sh506,000
VAT (16%) = about Sh405,000
IDF (3.5%) = about Sh52,500
RDL (2%) = about Sh30,000

In total, taxes alone come to about Sh1.5 million.

This means a Toyota Probox valued at Sh1.5 million ends up costing about Sh3 million after taxes in Kenya.

[Moe @moneyacademyKE]

Now, if you add all these taxes together:

Import duty (35%) = Sh420,000
Excise duty (~20%–35%) = about Sh405,000
VAT (16%) = about Sh320,000
IDF (3.5%) = about Sh42,000
RDL (2%) = about Sh24,000

Total taxes = about Sh1.2 million

This means a car valued at Sh1.2 million ends up attracting almost the same amount again in taxes.

[Moe @moneyacademyKE]

Even though these look small, they still add to the total tax burden on the vehicle.

When all taxes are combined, the final cost increases significantly, making imported cars much more expensive in Kenya.

[Moe @moneyacademyKE]

Next, let’s look at the smaller levies that are also added.

After VAT, the Import Declaration Fee (IDF) is charged at 3.5% of the customs value, and the Railway Development Levy (RDL) is charged at 2%.

For example, using the original customs value of Sh1.2 million, IDF comes to about Sh42,000 and RDL comes to about Sh24,000.

[Moe @moneyacademyKE]

Now here is how VAT is charged or applied.

VAT is charged at 16%, but it is applied on the full subtotal after import duty and excise duty have already been added.

This means it is calculated on Sh2 million, not just the original car value.

So VAT comes to about Sh320,000 (16% of Sh2 million).

This pushes the total cost even higher because VAT is taxing a figure that already includes other taxes

[Moe @moneyacademyKE]

For example, from our earlier calculation, we had a customs value of Sh1.2 million.

Import duty added Sh420,000, bringing it to Sh1.6 million.

{Excise duty then added about Sh405,000, bringing the subtotal to about Sh2 million.}

[Moe @moneyacademyKE]

Next, let’s go to VAT.

VAT is charged at 16%, but it is applied on the total after adding customs value, import duty, and excise duty.

[Moe @moneyacademyKE]

Next, let’s go step by step to excise duty.

Excise duty is added on top of the customs value plus import duty, and it ranges between 20%–35% depending on the vehicle type and engine size.

For example, if the combined value is Sh1.6 million (Sh1.2M + Sh420K), excise duty can add between Sh324,000 and Sh567,000.

[Moe @moneyacademyKE]

Next, let’s talk about import duty.

Import duty is applied on the customs value at a rate of 35%.

For example, if the customs value is Sh1.2 million, import duty alone comes to about Sh420,000.

[Moe @moneyacademyKE]

For example, if a car costs Sh1 million in Japan, plus shipping and insurance of about Sh200,000, the customs value becomes Sh1.2 million.

This is the figure used by KRA to calculate all taxes.

[Moe @moneyacademyKE]

Firstly, every imported car is valued using its customs value (CIF), which includes the cost of the car, shipping, and insurance.

This becomes the base used for all tax calculations

[Moe @moneyacademyKE]

Now the price of imported cars in Kenya has gone up sharply due to heavy taxation at the port.

The cost is mainly driven by how multiple taxes are applied on a single vehicle.