Deputy President Kithure Kindiki's name has been dragged into the long-running border dispute between Meru and Tharaka-Nithi counties after five Meru residents went to court challenging the recent creation of administrative units on the disputed border.
In a certificate of urgency, the five through their advocate Francis Mawira urged the High Court to bar the implementation of Gazette Notice Number 1766 of February 14 and Gazette Notice Number 15341 of November 22, 2024.
They want operationalisation of Kibung'a Sub-Location, Kibung’a headquarters of Tharaka West Sub-County, Kithino Location in Chiakariga Sub-County; Uragate Division and Uragate Sub-Location in Tharaka North Sub-County stopped.
The petitioners accuse Prof Kindiki, the former Interior Cabinet Secretary, of ignoring a moratorium on the creation of new administrative units in the disputed border area that had been put by former CS Fred Matiang’i.
Sebastian Kaaria, Jonah Mwenda, Joseph Muriungi, Severino Maitima and Alex Mugambi have sued the Attorney-General, Cabinet secretaries for Interior, Lands, Education and Health.
They have also enjoined the Independent Electoral and Boundaries Commission (IEBC) and Nithi Water and Sanitation Company.
They cite DP Kindiki for his remarks as Interior minister in 2023 when he told the Senate that the perennial clashes along the Meru-Tharaka-Nithi boundary were linked to absentee land owners and fake titles.
Administrative boundaries
"...the allegations by the former Interior CS Hon Kithure Kindiki (now the Deputy President) that the problem at the boundary is caused by “absentee landowners, double titling and corrupt-issuance of title deeds to the proprietors” is a clear indication that there is an indirect attempt by the invaders, their administration leaders, top government officials and the politicians from Tharaka-Nithi County to push for the extension of the administrative boundaries into Meru County..." the petitioners state.
Mr Kaaria, a landowner at Mbeti says he was chased out of his land by people armed with arrows.
He claims that the creation of Kithino location in Tharaka-Nithi is an attempt to encroach on their land.
"I am equally apprehensive that going by the sentiments of the former CS for Interior, now the Deputy President, Hon Kithure Kindiki...that the creation of a Location by the name ‘Kithino’ in Chiakariga Sub-County of Tharaka Nithi County which bears almost a similar name as the ‘Kithinu’ in our title deeds may be used to invalidate our title deeds," he states.
The five Meru residents allege that the new administrative units will have adverse effects on Kiamuri ‘B’ adjudication section.
Justice Hesbon Nyaga of the High Court in Meru allowed their prayer and suspended the operationalisation of Uragate Division, Uragate Sub-Location in Tharaka North, Kithinu location in Chiakariga Sub-County and Kibung’a Sub-Location until the matter is heard and determined.
“…I am satisfied that the petition raises important issues pertinent to the legality and the manner in which the administrative units have been created,” said Justice Nyaga who listed the matter for further directions on January 20.
Other contentious administrative units cited in the petition are Ruungu, Karocho, Turima, Murinda Sublocation, Tumbura, Murinda; Kithioroka, Kathura and Kaongoni stretching along the Tharaka Nithi border with Imenti North, Meru Central and Imenti South sub-counties.
The petitioners argue that Kibung'a market is within Meru County while the contentious administrative units in Tharaka-Nithi overlap with those in Meru enhancing the conflict.
"The result of these illegal transfers and renaming of the establishments is the creation of overlapping administrative units that leads to double jurisdiction... At the same time, it acts as a catalyst for escalation of tensions and conflicts, deterioration of security for the said locals, political uncertainty elections-related conflicts and other political and ethnic clashes," they argue.
Mr Mugambi, a resident of Mbirikene Location in Meru, tells the court that Tumbura Sub-location in Tharaka-Nithi extends way into Meru County.
"Tumbura Sub-Location and Location on the side of Tharaka Nithi is the cause of the double jurisdiction situation..." Mr Mugambi, an activist, states in his affidavit.
Mr Mwenda, a landowner in Mbeti area says that he bought his land in 2013 but was illegally evicted after one year.
He says despite reporting the attack to the police, he was not assisted as they blamed the jurisdiction dispute.
"Aggrieved by lack of assistance by the Police, I sought help from Kaurone Sub-Location chief but he declined because he had been attacked while accompanying other landowners to their properties and received threats of death or destruction of his property," Mwenda tells the court.
