No end in sight to counties border row amid dispute over NLC report
The Mtito Andei SGR terminus on May 29, 2017. Taita Taveta has been claiming that a part of Mtito Andei is within its boundaries.
The National Land Commission (NLC) is in the eye of a storm over its recent verdict regarding the dispute over boundaries in Mtito Andei and Mackinnon Road towns, with leaders in Taita Taveta County accusing the agency of increasing tensions in the region.
The NLC had said in its report to the High Court that Taita Taveta had lost the towns to Makueni and Kwale counties respectively.
Governor Andrew Mwadime led a section of local leaders in heavily criticising the NLC, claiming that its verdict had further exacerbated the conflict.
The High Court, sitting in Nairobi, had directed the NLC to investigate historical land injustices, gather sufficient evidence and file a comprehensive report to settle the dispute once and for all.
This came after a petition filed by Busia Senator Okiya Omtatah on behalf of 178 residents of Taita Taveta County, who were facing double taxation due to unclear boundaries.
Governor Mwadime said the commission's decision has disregarded the historical and administrative ties that Taita Taveta enjoys with the disputed towns.
“As leaders from this county, we urge the people to be calm because the matter is still in court. Unfortunately, our neighbours are using the report to incite their people on claims that the matter has been resolved,” the county boss said.
He was addressing residents of after they voiced their concerns that the loss of Mtito Andei and Mackinnon Road towns would negatively impact on the county’s economic fortunes.
They claimed that their concerns were not taken into consideration during public hearings conducted by the NLC and that the commission's decision was biased in favour of Makueni and Kwale counties.
Amid rising tensions in the region has escalated, some residents have announced to stage protests to demand a review of the NLC’s recommendations.
On his part, Taita Taveta Senator Jones Mwaruma said that, although the NLC used the Boundary Act of 1992 to retrace the boundaries, it did not consider historical land injustices that had been perpetrated in the county.
Senator Mwaruma said that the NLC's interpretation of the 1992 Act, which was used to determine the county boundaries, is flawed and does not reflect the realities on the ground.
He said the leaders had vowed to challenge the report seeking a more favourable outcome for their constituents.
“Some residents are attacking leaders saying that we have not defended our boundary. But the truth is that the matter has not been resolved. The NLC should not have published the report before they table it in court,” he said.
The lawmaker noted that the county government has a chance to challenge the report in court. He further warned leaders in the neighbouring counties against provoking residents of Taita Taveta while noting that some of their utterances were inflaming tensions.
Terming some statements put out by politicians in the neighbouring counties as demeaning, Mr Mwaruma called for restraint from both sides to avoid escalating the conflict.
“Leaders in Taita Taveta County are united and we will protect our land. No boundary will be shifted. Makueni has threatened to erect a signpost on River Tsavo; let them try. We are a peace-loving people, and that is what we preach," he said.
Former Voi MP Jones Mlolwa assured residents that they will not allow the county to lose its land to its neighbours.
He expressed optimist that a peaceful resolution will be achieved to finally end years of perennial boundary disputes.
“So far, nothing has changed. The case is still in court and we are hopeful that we will not lose our land,” he said.
Wundanyi MP Danson Mwashako said that, to resolve the boundary dispute, matters of historical injustices must be considered.
“The NLC was lazy and did not do enough to get its facts right. They just used the 1992 Act without considering historical injustices. The NLC should do its work diligently without any unfairness or bias,” he stated.
