TOWN IN TWO COUNTIES

Mutula warns Samboja against takeover of Mtito Andei

The town is claimed by Taita Taveta and Makueni counties.

In Summary
  • Kilonzo terms planned move a direct provocation of Makueni county and its residents.
  • He proposes formation of a joint mediation committee to decide the location of Mtito Andei.

Makueni Senator Mutula Kilonzo Jr has warned Taita Taveta county over plans to take over the disputed Mtito Andei town.

In a statement, Kilonzo termed the move a direct provocation of Makueni county and its residents.

“On behalf of the people of Makueni, I urge Taita Taveta to desist from any acts or omissions that may lead to a breakdown of law and order,” the statement reads.

 
 

The Senate Minority Whip asked both counties to convene a meeting to sort out the misunderstanding, noting that Mtito Andei lies in Makueni county.

“It should be known that only Parliament has the authority to alter boundaries as set out in Article 188. Any issues or claims should be addressed amicably between the two counties. To that effect I have proposed a consultative meeting between the two counties,” he said.

He pointed out that the boundaries of all counties are clearly set out in the District and Province Act of 1992, which was adopted in the 2010 Constitution.

Both counties claim ownership of the town along the busy Mombasa-Nairobi Highway, eyeing the revenue from booming businesses.

On Monday, Taita Taveta Finance executive Andrew Kubo said that plans were in top gear to start collecting taxes in the town. The county is also eyeing collection of revenue from Mackinnon Road town whose jurisdiction is disputed by Kwale county.

Since the advent of devolution, Taita Taveta has not been collecting revenue from the two towns owing to a protracted boundary dispute with Makueni and Kwale.

Kubo said it was prudent for the county government to collect taxes since it has been offering services in the town.

 
 

“We have been giving out bursaries and other support to residents in Mtito Andei because it is part of our county. It is therefore in order for us to collect revenue,” Kubo told journalists in Mtito Andei.

The county’s dispute with Makueni is over a 65km stretch of land between Tsavo River and Mtito Andei town.

Taita Taveta leaders argue the border between the two counties is in Mtito Andei town, therefore part of the town is its territory. But Makueni county claims the boundary is at Man Eaters near Tsavo River.

A new Senate Bill proposing a mechanism to solve county boundary disputes shall end the row, if passed.

The County Boundaries Bill gives the President powers to establish an independent county boundaries commission to look into county disputes upon approval by Parliament.

A county government whose boundaries are in dispute shall request the senate to pass a resolution for the establishment of a County Boundary Mediation Committee.

The Bill sponsored by Mutula Kilonzo Jr further allows a county government to petition the Senate for alteration of the boundaries of a county in dispute.

 But a petition won't be admissible by Senate where a General Election is scheduled to be held within twelve months of the date of submission of the petition.

According to the Bill, 15 per cent of the voters in the affected county must approve a petition to the Senate before an alteration of the county boundary.

 Passage of the Bill would render the District and Provinces Act of 1992 obsolete.

The chairperson of the County Mediation Committee shall be an advocate of the High Court of Kenya with an experience of at least 15 years.

Edited by Henry Makori

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