Tension is brewing in Keroka town following a disputed boundary between Kisii and Nyamira counties.
On Thursday, the town experienced chaos pitting law enforcement and revenue collection officers from the two counties after they deferred on the cess collection point.
Though police managed to quell the chaos, tension is still high in the town that divides Kisii and Nyamira right in the middle.
Nyamira Governor Amos Nyaribo and his Counterpart Simba Arati waded into the controversy on Thursday evening.
Mr Arati said Kisii and Nyamira residents are one people and called on Keroka folks not to be incited by selfish leaders who are only out to gain political mileage.
“Administrative boundaries should not create divisions among our people. We cannot afford to incite our people because of revenue. Whichever way, revenue collected from either side is used to develop our region as Gusii,” said Mr Arati.
He told Mr Nyaribo not to allow himself to be dragged into small issues of revenue, noting that such should not be a matter heavy enough to ignite violence.
“People have in the past died because of this boundary. I am not ready to entertain death because of people who are selfish. How soon have the Nyamira leaders forgotten that they resolved the boundary issue? Nyaribo was in office then as deputy governor,” said Mr Arati.
The Kisii Governor said land issues in Gusii are very emotive, and that he would not want to be pulled in.
“Let the case in court take its course. We will send lawyers to represent Kisii accordingly. People do not need those boundaries, they do not eat them. There are more problems to deal with. Leaders should focus on that,” said Mr Arati.
Mr Nyaribo on the other hand claimed that a joint Committee formed some years back determined that 95 percent of Keroka belongs to Nyamira County.
“I have heard about the embarrassing incident at Keroka today and the same has happened in the past but we want to see how best to conclude the matter once and for all. So now, we would like to take action since the boundaries are known though Kisii crosses over to Nyamira to collect revenue,” claimed Mr Nyaribo.
He added, “That is unacceptable; but, to avoid any bloodshed we will invite surveyors from the national government to make a clear demarcation because the Kisii boundary is on the murramed backstreet on the Kisii County side.”
He noted that to protect innocent people from shedding blood, he will reach out to the national government surveyors to indicate the demarcation again.
“Not even an inch of Nyamira will go to Kisii,” he said.
Ichuni Member of County Assembly Mr Wycliffe Siocha called on calm, saying Kisii and Nyamira are brothers and should not engage in unnecessary wars.
“The Keroka boundary demarcating Kisii and Nyamira is very clear. There is absolutely no reason to fight. We have agreed with security officers that we use the boundaries set by the joint committee as we await court decision on a petition filed by my Rigoma counterpart Nyambega Gisesa,” said Mr Siocha whose ward is in Kisii County.
On Wednesday, four revenue officers from Nyamira County reported at Keroka Police Station that they had been allegedly harassed by their Kisii counterparts.
Last week, a petition was filed against the National Land Commission (NLC) alleging that Keroka town and some areas within Kisii municipality are in Nyamira County.
The petition was filed on behalf of 212 residents of Keroka Town, indicating that parts of Getare, Jogoo, Kisii Agricultural Training Centre (KATC), Kenya Agricultural Research Institute-Kisii (KARI) land in Kisii are in Nyamira County.
Mr Gisesa is seeking orders to have NLC identify and demarcate the disputed boundaries and further to stop Kisii County from levying any rates or taxes or carrying out operations in the areas.
“I filed the petition seeking NLC to investigate, survey and erect beacons to clearly demarcate the boundaries of Keroka town which is almost entirely located in Nyamira County but has in the recent past witnessed aggressive encroachment from Kisii County government which continues to operate and administer a county boundary that does not belong to it,” said Mr Gisesa.
He is further seeking similar orders declaring that the lands covering KATC, KARI and parts of Getare and Jogoo areas neighbouring Kisii town belong to Nyamira County, which should administer and levy rates and taxes from the portions of land.
The petition at the Nyamira Environment and Lands Court under Justice Mugo Kamau is filed pursuant to Articles 67 of the Constitution and Section 15 of the National Land Commission Act, No. 5 of 2012.
“Further, I am aggrieved that some 12 years since the Constitution was promulgated, the National Land Commission and the National Government have failed to lessen county boundary disputes by surveying and erecting visible beacons to clearly demarcate the boundaries of Kenya’s 47 counties,” said Mr Gisesa.
The Rigoma MCA noted that the continued occupation and levying of taxes and land rates by Kisii County government in the stated parcels of land is irregular, unlawful, and unconstitutional and abuse to the great people of Nyamira County.
“I moved to court after 212 residents of Keroka market centre petitioned me to intervene and help them find a solution to the boundary disputes where they continue to be harassed by officials from the said counties competing for control of the market center resulting in destruction of property and injury to members of the public,” said the MCA who is a former journalist.
In the petition, the National Land Commission and the Attorney General have been named as respondents whereas Kisii and Nyamira counties and the Ministry of Lands and Physical Planning are listed as interested parties.
In April 2020, Nyamira County officials demolished kiosks and other properties deemed to be on the Kisii side of the town.
Several people, including a police officer, were injured during the fracas.
On the other hand, Kisii county officials had destroyed public property belonging to Nyamira County including a boda boda shed formerly constructed at Ichuni junction costing Sh700,000, a public toilet estimated at Sh2,000,000 and a van belonging to Nyamira County government which was a matter before court.
These actions, he said, have resulted in the loss of taxpayers’ funds.
In 2014, the two counties agreed to jointly manage the town with Nyamira appointing an administrator and Kisii a deputy administrator.
They also agreed to come up with a joint management committee consisting of a chairman, vice-chairman and five members. However, this was not implemented.
