Kisii Governor Simba Arati on Tuesday, March 12, physically appeared before the Environment and Land Court in Nyamira to respond to allegations of contempt of court.
Arati and his Acting County Secretary, Robert Ombasa, were ordered to appear physically in court last week.
This summon stems from a dispute regarding the boundary of Keroka Town, which has ignited tensions between Kisii and Nyamira counties.
The order for their appearance was issued by Justice Mugo Kamau in response to an urgent contempt of court application filed by Rigoma Ward MCA Nyambega Gisesa on March 3, 2024.
Gisesa alleges that Governor Arati failed to comply with a court judgment concerning the Keroka Town boundary.
"Due to the urgency and sovereignty of the issue mentioned in the application and the gravity of the matter, the same will be mentioned in open court on March 12, 2024, at 10.30 am," the court order dated March 5, 2024, stated.
The dispute revolves around a court ruling that designated Keroka as part of Nyamira County, contrary to an earlier agreement between former Governors James Ongwae and the late John Nyagarama, which proposed the main tarmac dividing the town be used as the beacon for the boundary.
Rigoma Ward MCA Nyambega Gisesa expressed concern over the alleged disobedience to the court's decree, stating, "The petitioner had submitted that the duo had disobeyed part of the decree issued on February 22, 2024, compelling and directing Nyamira and Kisii Counties to confine themselves to their territories in respect to the collection of rents, rates, licenses, and other statutory revenues."
The situation in Keroka Town has been tense, with recent events exacerbating the dispute.
Earlier this month, a contingent of armed police officers reportedly accompanied by Nyamira County enforcement officers stormed the market and demolished structures belonging to traders, leading to chaos and disruptions along the Kisii-Sotik highway for several hours.
Justice Mugo's ruling on February 15, 2024, emphasised that the territories of Nyamira and Kisii Counties are already demarcated and urged each county to confine themselves within their respective territories. The judge stressed that subjecting traders to double taxation was illegal and detrimental to their livelihoods.
In response to the ongoing dispute, Governor Arati recently distributed branded umbrellas to traders from the 'Kisii side' of the disputed border, aiming to provide them protection from harsh weather conditions. However, this move has only added fuel to the fire of the contentious issue.
Nyamira Governor Amos Nyaribo, welcomed the court's judgment, expressing optimism that it would enhance peace in Keroka. He noted, "I agree with the judgment and think it is going to enhance peace in Keroka and it is a precedent which would be followed in case of any future engagement of a matter such as this."
The case has drawn the attention of various authorities and stakeholders.
The National Lands Commission, the Attorney General, the Independent Electoral and Boundaries Commission, as well as the Ministry of Lands, have been enlisted as respondents in the case and are expected to appear in court over the matter.
