KISII, Kenya May 12 – An Environment and Lands court sitting in Nyamira County has summoned top officials of the Independent Electoral and Boundaries Commission (IEBC) and the National Lands Commission (NLC) over Keroka boundary.
Justice Mugo Kamau wants the Chairman and CEO of the lands commission to physically appear in this court and explain if the boundaries at Keroka town which borders Kisii and Nyamira counties were ever fixed.
He also directed the lands registrars and land surveyors in both Kisii and Nyamira counties to appear before him on May 25 with maps and reports to help resolve the boundary disputes at Keroka town.
This comes after Rigoma ward MCA Nyambega Gisesa and others filed a petition in court whereby 212 residents at Keroka market wanted a solution to the boundary disputes which have been simmering long before the promulgation of the 2010 constitution.
“IEBC should tell us why they never fixed this matter,” said Justice Mugo.
The Judge further warned those who have collected revenue illegally to surrender it and asked the parties to be careful when dealing with this matter.
Gisesa, who is the petitioner, told the court he had engaged elected leaders including both governors, members of parliament on the ongoing revenue stand off.
He said trouble started when revenue officers from Kisii county started collecting revenue from Nyamira side.
“70% of Keroka town is part of Nyamira county and it collects up to 75% of revenue and Kisii is extending its revenue to Nyamira county,” Gisesa told the court.
Gisesa’s legal counsel led by Erastus Orina made oral submissions in court saying Kisii had encroached on Nyamira side in terms of revenue collection raising boundary disputes among the residents.
“The dispute between the two counties is because the boundaries have never been marked by the national lands commission and this court has jurisdiction to determine where the boundaries are by giving orders to the NLC,” counsel Justus Maeche told the court.
But Nyamweya Mosota, the counsel representing Kisii county government argued that all the boundaries were drawn by IEBC and these boundaries were in existence before the disputes.
