The Mombasa High Court has ordered the Parliament to establish and independent commission to resolve boundary disputes between counties including those pitting Taita Taveta against Kwale and Makueni counties.

Justice Lucas Naikuni ordered the legislative arm of government to consider implementing the provisions of Articles 94 (3) and 188 of the Constitution by enacting an appropriate legislation and amendment to the District and Provinces Act of 1992.

This should be done within 12 months.

The exercise will include establishing a commission to resolve the simmering disputes affecting the 47 counties.

The commission shall undertake comprehensive and intensive land survey exercise and erect visible beacons clearly demarcating the boundaries in all the 47 counties in accordance with the newly legislated law or the amended Districts and Provinces Act.

The judge ordered that the independent commission shall work in close conjunction with the National Executive. But the dispute between Taita Taveta, Kwale and Makueni counties shall not await the establishment of the commission.

Taita Taveta and Kwale counties are embroiled in a tussle over location of Mtito Andei town and Taita Taveta is also in a tussle over Macknon Road town with Makueni county.

Justice Naikuni ordered that the disputes between the three counties shall be resolved through demarcation of the boundaries under the existing Districts and Provinces Act as outlined by the NLC in a survey report tabled in court.

“In the meantime, the boundaries between Taita Taveta County and Kwale at Mtito Andei town shall be demarcated as prescribed in the current legislation being the Districts and Provinces Act of 1992 and the second schedule of the Act as outlined in the comprehensive land survey report as annexed to the report by the NLC dated July 23, 2024,” stated the judge.

“The counties of Taita Taveta, Kwale and Makueni shall issue permits and levy county taxes strictly within their respective boundaries as demarcated and prescribed in the Districts and Provinces Act.”

The Finance executives of the three counties were ordered to jointly file a comprehensive statement in court within 90 days stating the amounts of money they have collected.

If the three(3) Finance executives default or fail to submit a joint report as ordered by Naikuni, each must file their reports individually for further orders by the court.

Chief litigator and Busia Senator Okiya Omtatah had moved the court to settle the matter.

Omtatah had argued that 178 residents of Taita Taveta County had urged him to intervene after being harassed by Kwale and Makueni county government officials in Macknon Road and Mtito Andei towns hence petitioning the court to compel the Parliament to resolve the disputes through legislation.

Officials of Makueni and Kwale counties have been competing for ownership of the two(2) towns which Taita Taveta has laid claims on.

“In particular, the residents were forced to pay taxes twice to different counties due to the confusion. Hence, arising from that, they do not know from which county they should demand services and accountability for taxes they pay,” Omtatah stated in the petition.