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Rigoma MCA Nyambega Gisesa, who was the petitioner in the case, addressing the press after the court ruling in Nyamira. He is flanked by the lawyers who represented him in the case. Photo/Arnold Ageta


By Arnold Ageta

Nyamira and Kisii Counties have been instructed to adhere to their respective jurisdictions when it comes to revenue collection.

Land and Environment Court Judge Kamau Mugo ordered a long-standing boundary dispute between Nyamira and Kisii County on Thursday.

“Double taxation to residents and traders at Keroka is a gross violation of their rights,” said Justice Mugo.

He also ordered the two Counties to give an account of how they have spent the monies deposited in the joint account opened by both Counties.

The petition, which was presented to court on 14 April 2023, by Rigoma ward MCA Nyambega Gisesa, sought to know whether the commercial town is in Kisii or Nyamira County.

In May 2023, Justice Kamau summoned officials from the Independent Electoral and Boundaries Commission (IEBC) and the National Lands Commission (NLC) over the Keroka boundary.

The two bodies appeared in court and showed the court the maps and explained why the dispute had not been solved before the formation of county governments under the 2010 constitution.

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As a result of the boundary dispute, traders in Keroka town have been subjected to double taxation, where both Nyamira and Kisii County officials have collected county levies from business owners.

Governor Amos Nyaribo was in court during the judgment, while his counterpart from Kisii County, Simba Arati, was represented by his lawyer.

Governor Amos Nyaribo expressed his satisfaction with the ruling, saying he will seek to talk with Governor Arati to see how they can jointly enhance service delivery in the town.

“We have been having this border tussle for some time now between Kisii and Nyamira County. During the court case, the judge ordered the National Land Commission, IEBC, County Physical planners from the two counties who visited Keroka to determine the boundary,” noted Nyaribo. “When they established where the boundary is, they erected boundary beacons.”

However, the Kisii County lawyers have decided to move to the Court of Appeal due to their dissatisfaction with the ruling.

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