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14 counties, state locked in dispute over assets

At the centre of the fights are land, office space, estates and revenue

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by The Star

News04 July 2022 - 15:11
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In Summary


• Among the counties in dispute with the national government are Tharaka Nithi, Nairobi, Bomet, Kajiado, Kisumu, Taita Taveta, Uasin Gishu, and Bungoma.

• Others are Kakamega, Vihiga, Garissa, Laikipia, Bomet and Kericho.

Intergovernmental Relations Technical Committee chairman Kithinji Kiragu in his office in Westlands on June 30, 2022.

At least 14 county governments are locked in bitter and protracted disputes with the national government over multibillion-shilling assets.

A report by the Intergovernmental Relations Technical Committee, where the disputes have been recorded, shows that 19 of them are before the team.

The committee mediates and arbitrates the parties to reach an amicable agreement and avoid the long and expensive court process.

At the centre of the fights are land, office space, estates and revenue.

Among the counties in dispute with the national government are Tharaka Nithi, Nairobi, Bomet, Kajiado, Kisumu, Taita Taveta, Uasin Gishu and Bungoma.

Others are Kakamega, Vihiga, Garissa, Laikipia, Bomet and Kericho.

Since 2015, IGRTC has successfully resolved 11 disputes and nine memoranda of understanding signed between the parties to cement the agreement.

Among the resolved cases involved the national government with Mombasa, Kericho, Kisumu, Garissa, Nandi, Embu, Kiambu, Nyeri and Nyandarua.

Counties that have signed MoUs with the national government after successful arbitration by IGTRC are West Pokot, Siaya, Nairobi, Baringo, Garissa, Nyeri, Tharaka Nithi, Machakos, Kajiado and Narok.

According to the report obtained by the Star, Tharaka Nithi is feuding with the Kenya Prisons Department over Kathwana land, currently occupied by the agency.

The county is claiming the parcel.

In Nairobi, the county is claiming hundreds of acres of land currently in the hands of the Ministry of Defence in Mihang’o, Kayole.

“The dispute arose when the Ministry of Defence objected to the construction of a road through the Embakasi Garrison barracks," the report says.

Bomet is fighting with the Interior Ministry over a piece of land.

“The dispute arose when the county government of Bomet proposed to give the Kenya Red Cross Society land which the national government claimed ownership,” it says.

Bomet is also in dispute with the National Treasury over CDF offices.

In Kajiado, the county government and the Ministry of Agriculture are embroiled in a bitter fight over the land.

The county had issued a notice to demolish houses sitting on the land claimed by the Agriculture ministry.

In Kisumu, the two levels of government are fighting over office space that has been claimed by the Ministry of Interior.

Kisumu is also in a protracted dispute with the National Housing Corporation after the county reportedly failed to pay rent amounting to Sh1.23 billion to NHC.

Taita Taveta and the national government, through Kenya Wildlife Service, are locked up in a dispute over the management of revenue collection at Tsavo National Park.

“The dispute arose when the county government of Taita Taveta reported that 62 per cent of the county’s land was within the Tsavo National Park and was not collecting reasonable revenue from the proceeds of tourism,” the report reads in part.

Uasin Gishu government is battling with Sacco Societies Regulatory Authority (Sasra), a national government entity.

“The dispute arose when Sasra revoked the provisional licence of Moi University Sacco Society through a letter taking over operations of the Society including its bank accounts,” the report says.

The county is also fighting with the University of Eldoret. The county is said to have trespassed onto a portion of university land and proceeded to erect a permanent structure.

Lake Victoria North Water Development Agency is fighting with Bungoma county over land, while the Kakamega government is feuding with the National Intelligence Service over land.

The Vihiga government is fighting with Kenya National Highways Authority after the agency failed to complete roadside drainage by neglecting to provide covers and unlocking drainage along the Kisumu-Kakamega highway from Chevakali market.

The Garissa government is fighting with the state over the management of government houses while Laikipia is locked in a dispute with KPLC and Tourism Regulatory Authority.

The dispute with KPLC arose after the agency failed to review a draft agreement by the county aimed at facilitating electricity and gas reticulation.

Edited by A.N

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