Lamu County Governor Issa Timamy.
Lamu Governor Issa Timamy has confronted the neighbouring Garissa county over the contested Dar-es-Salaam Point, located along the Kenya-Somalia border.
The disputed area, which includes Ishakani Village, encompasses both land and a stretch of shoreline, adding to the complexity of the dispute.
On various occasions, leaders from Lamu and Garissa have clashed over ownership of Dar-es-Salaam Point.
Speaking in Mokowe, Mr Timamy talked tough on the issue, insisting Dar-es-Salaam Border Point belongs to Lamu. He cited the District and Provinces Act, 1992 which he said clearly shows that Lamu borders Somalia.
The District and Provinces Act, 1992, is a Kenyan law that defines the boundaries of districts and provinces within the country.
The Act outlines the district and provinces into which Kenya is divided, including the Nairobi Area, and is still in effect to date. It also provides for the amendment of district and provinces definitions.
While the Act initially established the 47 districts and eight (8) provinces, the 2010 Constitution introduced a system of 47 county governments, which have replaced the old provincial administration.
Despite such changes, the Act still remains relevant in defining the boundaries within the current county system, though the functions of the Provincial Administration have been restructured to align with the new devolved government.
Mr Timamy said Garissa has no frontage to the Indian Ocean and it should give up the push to have Dar-es-Salaam point annexed.
“We’ve an existing border dispute between us and Garissa over the annexation of Dar-es-Salaam Point. Let it be clear that as per the District and Provinces Act,1992, Lamu borders Somalia. The disputed area is inside Lamu. If Garissa claims to have a share within that area, I don’t know. Maybe what they’re claiming is deep inside the country of Somalia and not in Lamu,” said Mr Timamy.
“We know Garissa has no shoreline. If they claim to have, let them demand it from Somalia. As for Lamu, we don’t want any confrontation or tension over this. We won’t entertain,” he added.
The governor’s sentiments were echoed by nominated Senator Shakila Abdalla.
Ms Abdalla voiced her opposition to the annexation of Dar es Salaam Point to Garissa, a territory she insists historically and legally belongs to Lamu County.
She revealed to have already written to Prime Cabinet Secretary, Musalia Mudavadi, who is also in charge of Foreign and Diaspora Affairs on the matter. She insisted Lamu boundaries should be preserved.
“The annexation of Dar-es-Salaam Point is likely to undermine Lamu's historical and legal claims, lead to the loss of strategic and economic benefits for our residents, violate local rights and interests, escalate regional tensions, and threaten national unity. We aren’t ready for such,” said Ms Abdalla.
Garissa elders interviewed by the Nation expressed disappointment over Timamy’s utterances surrounding the disputed area.
Their spokesperson, Mr Amey Dubat said Governor Timamy should retract his utterances and instead, find an amicable ground to deal with the issue. He termed Governor Timamy’s utterances as unfortunate and unexpected of him.
“Why say so as a leader? As the Garissa community, we insist Dar-es-Salaam Point is ours. We shall defend it by all means, including heading to court. In the meantime, we expect Mr Timamy and his Garissa counterpart to form special delegations that will discuss and find a solution to the contested area,” said Mr Dubat.
Garissa politicians, led by Ijara MP Abdi Ali, have on some occasions also asserted that Dar-es-Salaam Point belongs to them, urging Lamu locals to stay away from the area.
“I want to make it clear that Dar es Salaam Point is in Garissa and within my Ijara Constituency. We respect the Lamu people. They’re our neighbours, but they should stop claiming ownership of this border point since it belongs to Garissa County,” Mr Ali had said.
skazungu@ke.nationmedia.com
