Court Orders Chief Executive Officer IEBC, Chairman of National Lands Commission and Land Registrar To Appear In Court Over Land Boundaries Dispute
Justice Mugo Kamau has ordered Chief Executive Officer IEBC, Chair National Lands Commission, Land Registrar and Surveyors to appear before the court over the matter of land dispute boundaries of Keroka Market photo /Elizabeth Angira
By Elizabeth Angira
Worth Noting:
- The petitioner cited that there had been boundary dispute between the Nyamira and Kisii Counties disputes that threatened the peace of Keroka Market and are forced to pay the same taxes to two different counties and due to the confusion they do not know which county they should demand services and accountability for the taxes they pay.
- Also that there is no clear demarcation or beacons to show a clear boundary between the two counties at Keroka Market and the centre of the dispute is the revenue collection at Keroka Market and the leaders of the two counties have tried to resolve the dispute with no success.
Nyamira Lands and Environment Court has ordered Chief Executive Officer of Independent and Electoral Boundaries Commission (IEBC) to appear in person before the court on 25th May for the mentioning of the petition case of dispute of boundaries of Keroka Town.
The matter was presented before Justice Mugo Kamau ordered National Lands Commission (NLC), Lands Registrar and lands surveyors both Nyamira and Kisii counties to appear in person with maps, records and reports indicating boundaries of Keroka Town.
The petitioner Nyambega Gisesa petitioned National Land Commission (NLC) to resolve the boundary dispute between Kisii and Nyamira counties and compelled the National Government to survey and erects visible beacons to clearly demarcate the boundaries issue.
Through his lawyer Justus Maeche about 212 residents of Keroka Market petitioned the petitioned citing harassment from revenue collection officers from both the Kisii and Nyamira counties.
The petitioner cited that there had been boundary dispute between the Nyamira and Kisii Counties disputes that threatened the peace of Keroka Market and are forced to pay the same taxes to two different counties and due to the confusion they do not know which county they should demand services and accountability for the taxes they pay.
Also that there is no clear demarcation or beacons to show a clear boundary between the two counties at Keroka Market and the centre of the dispute is the revenue collection at Keroka Market and the leaders of the two counties have tried to resolve the dispute with no success.
The petitioner who is also Member of the County Assembly in Nyamira is aggrieved that his constituent cannot receive services from the county government as it is not clear which county government should provide services.
The petitioner is being represented by lawyers; Justus Maeche, Grace Bundi, and Mokaya Hillary.
Nyamira County represented by Erastus Orina, Rindley Nyambane and Willis Nyagarama.
Kisii County represented by Nyamweya Mosota said that the matter came before promulgation of Constitution of Kenya 2010.
Nyambega said that there has been boundary dispute between Nyamira and Kisii Counties over the location of Keroka Market , which lies on what lies on what used to be the boundary between the former Nyamira and Kisii Districts of Kenya, whereas , on the one hand Nyamira County claims that over 90 percent of the town belongs to it, Kisii on the other hand claims that part of the town belongs to its pursuant to existing documentation and recent history and has since encroached into about 50 percent of the market.
Maeche being aggrieved by the said actions of the respondents has filed the application in court to seek redress from the honorable court pursuant to its jurisdiction to hear and determine disputes.
Mentioning of the case will be on 25th, May before court.
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