Judge orders entities to identify boundary

Nyamira, Wednesday, June 7, 2023

KNA by Deborah Bochere

Environment and Lands Court (ELC) Judge sitting in Nyamira High Court, Justice Kamau Mugo has ordered officers from the Departments of Lands and Survey to visit the disputed boundary site in Keroka town on 16th June and identify the initial boundary before the hearing of the petition filed by Rigoma Ward MCA Nyambega Gisesa, formally commences.

The two neighbouring counties; Nyamira and Kisii both claim the ownership of the disputed town and collection of revenue and rates has been a bone of contention since 2013 when devolved government administration came into power.

During the hearing of the case in Nyamira High Court on Tuesday, Justice Mugo ordered that the entities involved in boundary delimitation visit the disputed area on Friday 16th at 9.30am to establish the exact boundary.

“The court and all the parties in this case will visit the locus in quo on the 16th of June 2023 at 9.30am for the purpose of ascertaining the boundary in Keroka between Nyamira and Kisii counties,” ordered Justice Mugo.

Also ordered to be present during the exercise are the experts from the Ministry of Lands and Physical Planning, Nyanza regional lands surveyor and land registrars from both counties of Nyamira and Kisii.

Justice Mugo also asked the parties in the boundary dispute to present private surveyors who will also help put the boundary issue to rest.

According to the Presiding Judge, the Independent Electoral and Boundaries Commission (IEBC) will spearhead the process of identifying the boundaries, provide necessary documents and participate in the whole process.

“Masaba North Sub County Police Commander will organize for security details for the teams to visit the disputed site to agree on the boundary,” he added.

The court will later on the same day conduct its sitting in the town to receive the reports from the officials.

The pull and push turned ugly two months ago as revenue officers from both sides turned physical over revenue collection demarcations for the two counties.

Several Nyamira county revenue officers stationed in the town were physically assaulted by their Kisii counterparts. 

The parties moved Gisesa to file a petition in the lands court to settle the issue and bring calm in the fast growing town with promising revenue growth.

 In a recent press briefing, Nyamira, Governor Amos Nyaribo said he was ready to protect the boundary and that ‘No inch of Nyamira land could be moved.’

Courtesy ; K. N. A