A border dispute between Machakos and Makueni counties, which has been simmering for the last 32 years, has taken a new twist after a Machakos ward representative moved to court to challenge a declaration by the national government that the contested area is in Makueni County.
Kalama Member of County Assembly, Boniface Maeke, and Wilfred Manthi Musyoka, a resident of Machakos County, have jointly sued Lands Cabinet Secretary Alice Wahome, Lands Principal Secretary Nixon Korir, Secretary, Administration at the Ministry of Lands, Mohammed Maalim and Attorney General Dorcas Oduor.
They have listed Makueni County government, Makueni County Assembly, Machakos County Assembly, Machakos District Lands Registrar, and Makueni District Lands Registrar as interested parties in the petition which the Nation has seen.
In the petition drawn by lawyer Bernard Mung’ata, Mr Maeke, and Mr Manthi have accused the respondents of violating the rights of Machakos residents by ordering the transfer of all land records for the disputed Konza area from Machakos registry to Wote registry “without consulting all the relevant stakeholders”.
The upcoming Konza Technocity is at the centre of the boundary dispute. Trouble started after a Ministry of Lands memo leaked last week.
In the December 19 memo, which the Nation has seen, Mr Maalim directed the transfer of land records for the disputed areas within the boundary between Machakos and Makueni counties at Konza area as approved by Mr Korir following wide consultations.
“As a result, our Cabinet Secretary has taken notice of this matter and instructed that all of the said records be moved to the Wote Registry by Monday, December 30. Additionally, the Land Management Coordinator for Makueni is directed to acknowledge receipt of the aforementioned records and forward a copy to this office,” reads a part of the internal memo signed by Mr Maalim.
The transfer of land records rekindled the boundary dispute which started in 1992 when the government carved out Makueni District from Machakos District.
In recent months, Machakos Governor Wavinya Ndeti accused her Makueni counterpart Mutula Kilonzo Junior of working closely with President William Ruto’s administration towards grabbing a slice of Machakos County.
Over the weekend, however, Mr Kilonzo Jnr told off Ms Ndeti after she vowed to stop the transfer of the Konza land records from the Machakos land registry to the Wote land registry.
A spirited bid by Mr Maeke to stop the transfer of Konza land records hit a snag after the Environment and Land Court at Machakos failed to grant his request.
“The application dated 27th December 2024 is not certified as urgent,” Justice Annet Nyukuri said on Tuesday.
She ruled that the matter would be mentioned on January 20, 2025. The petitioner has up to today (Friday) to serve all the respondents.
“Upon service, the respondents are directed to file and serve their response in seven days and thereafter the applicants can file and serve a supplementary affidavit in five days if need be,” Judge Nyukuri said.
Apart from pushing the court to issue a permanent order of injunction on the transfer of Konza land records from Machakos to Wote towns, Mr Maeke wants the court to declare the transfer of the Konza land records in the disputed boundary area a gross violation of the Machakos residents’ property rights under Article 40 of the Constitution.
At the same time, he wants the court to declare that locking out the residents of Machakos County and/or their elected leaders out of the consultative meetings and the decision-making process leading to the issuance of the directive for transfer of Konza land records is a violation of articles 1, 6, 10 and 35 of the Constitution.
“The petitioner, therefore, seeks an order to issue compelling the respondents to involve the Machakos residents, their elected leaders, and other key stakeholders in any decisions or plans regarding land records for disputed areas within the boundary between Machakos and Makueni counties at Konza area,” reads a section of the petition.
