National Land Commission CEO Kabale Tache presents a gift to the outgoing NLC Chairman Gershom Otachi /FILEThe National Land Commission has made a raft of recommendations aimed at curing the longstanding boundary disputes between Makueni, Taita Taveta and Kwale.
NLC had been directed by the Mombasa High Court to initiate an investigation into the county boundary dispute between the three counties.
Taita Taveta, Makueni and Kwale counties fought over the boundary at Mtito Andei and Mackinnon Road, respectively.
On June 28, 2022, Okiya Omtata (now Busia senator) wrote to the outgoing NLC chairman, Gershom Otachi, serving him with the court judgment of the petition for appropriate action.
NLC, in response, undertook physical hearings on the boundary dispute claim that was laid by Taita Taveta County against Makueni and Kwale counties.
The hearings were carried out between June 3 and 6 last year at Kenya Bankers Sacco Hall, along Ngong Avenue in Nairobi.
During the hearings, Taita Taveta alleged that there were ambiguities in boundary delineation or description as prescribed in the Districts and Provinces Act of 1992.
It was agreed by all parties that an NLC-led survey team comprising surveyors from the NLC and the three counties would look at the provisions of the Act and guide the sitting on proper technical interpretation of the contentious sections.
The survey team was directed to undertake a field survey and establish the actual spatial location of the boundaries against the claims by the counties.
The surveyors from NLC, the National Director of Surveys representative and Makueni, Taita Taveta and Kwale counties undertook a ground survey between June 11 and 15 last year.
NLC gave out its verdict in a recommendation to the three devolved units on July 23 last year.
“The boundaries between Makueni and Taita Taveta counties at Mtito Andei town and between Taita Taveta and Kwale counties at Mackinnon Road town shall be delineated as prescribed in the Districts and Provinces Act of 1992 (repealed) and the Second Schedule to the Act,” part of the NLC decision says.
The commission said that the residents of Mackinnon Road and Mtito Andei towns will not be subjected to double taxation, the boundaries having been clearly demarcated and delineated as per the recommendation.
“The counties are to establish an intercounty committee comprising representatives from each county. The role of the committee is to facilitate community-building activities and cultural exchanges to foster a shared identity and cooperation, promote dialogue, resolve conflicts that arise promptly, address issues and coordinate efforts on shared concerns and benefits,” part of the recommendation says.
The outgoing commissioners – Gershom Otachi, Reginald Okumu and Alister Murimi- gave the verdict.
NLC urged the three counties to initiate joint development projects and economic programmes in the boundary areas, such as infrastructure development, healthcare facilities and early childhood development centres.
Others are shared markets and host trade fairs, which benefit both counties by fostering economic interdependence and promoting citizenship and mutual interest.
It suggested counties consider shared public services such as waste management and water supply.
NLC said the move will improve efficiency and foster collaboration.
The commission said that any party or county that desires to vary the boundary as delineated in recommendation (a) above shall be at liberty to seek such variations through the process outlined under Article 188 of the Constitution.
