The High Court has ordered Parliament to take swift action to address the persistent boundary disputes between Taita Taveta, Kwale, and Makueni counties, which have been simmering for years and affecting local governance, service delivery, and the livelihoods of residents.
A landmark judgment, delivered by Justice Lucas Naikuni sitting in Mombasa High Court, directs Parliament to enact new legislation and establish an independent commission to resolve boundary issues affecting all 47 counties in Kenya.
The ruling stems from a petition filed by Busia Senator Okiya Omtatah, seeking to resolve ongoing disputes that have been traced back to the Districts and Provinces Act of 1992, which is seen as the root cause of the confusion surrounding county boundaries.
According to the court, the Act has left many boundaries ambiguous, leading to prolonged disputes, land conflicts, and administrative challenges.
In his decision, Justice Naikuni ordered Parliament to enact appropriate legislation within 12 months to address the boundary disputes.
The legislation could involve amending the Districts and Provinces Act of 1992 and implementing provisions from Articles 94 (3) and 188 of the Constitution, which outline the powers of Parliament and the boundaries of counties.
The court emphasized that the legislation should also establish an independent commission tasked with resolving disputes and overseeing the demarcation of county boundaries across Kenya.
The judge also directed the creation of an independent commission to work alongside the National Executive to conduct comprehensive land surveys and demarcate clear boundaries between the 47 counties.
The court noted that visible beacons should be erected along county lines to avoid further confusion.
This would be done in accordance with the newly legislated law or the amended Districts and Provinces Act.
Pending the enactment of the new legislation, the court ordered the demarcation of temporary boundaries between the counties of Taita Taveta, Kwale, and Makueni, in accordance with the provisions of the Districts and Provinces Act of 1992.
Specific demarcations at Mtito Andei (between Taita Taveta and Kwale) and Mackinnon Road (between Makueni and Taita Taveta) were outlined based on previous survey reports from the National Land Commission.
The court also addressed the issue of county revenue collection, ordering that the counties of Taita Taveta, Kwale, and Makueni should only issue permits and levy taxes within their clearly defined boundaries.
The court referenced the land survey report from July 2024 to support this decision and directed that any revenue collected outside these boundaries be subject to review.
The court ordered the County Executive Committee Members (CECM) of Finance for Taita Taveta, Makueni, and Kwale to file comprehensive reports within 90 days detailing the amounts of money collected from taxes and permits within their respective counties.
If any county fails to file a joint report, individual reports may be submitted for further court action.
To ensure compliance with the court’s orders, a mention of the case has been scheduled for March 13, 2025.
During this mention, the judge said they the court would assess the progress of the boundary demarcation, the implementation of the new legislation, and any other developments in the case.
The court decision is a significant step towards addressing the historical and ongoing boundary disputes that have plagued several counties in Kenya.
By mandating Parliament to enact specific legislation and establish an independent commission, the court is not only addressing the issue of disputed borders between Taita Taveta, Kwale, and Makueni but is also setting a precedent for resolving similar conflicts in other parts of the country.
Omtatah had moved to court seeking the court intervention to create clear, well-defined county boundaries saying it is essential for effective governance, resource allocation, and the delivery of services to local populations.
He stated that enacting proper legislation will ensure that county boundaries are properly demarcated and will help avoid further conflicts over land, resources, and governance.
