NKAISSERY ORDER ON MERU ISIOLO DISPUTE REVOKED.

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Interior Cabinet Secretary Joseph Nkaissery who his decision over Meru Isiolo border dispute has been declared illegal.

BY SAM ALFAN.

High Court has declared decision by Interior Cabinet Secretary Joseph Nkaisery to constitute the Meru /Isiolo Boundary Dispute Committee was illegal.

Justice  John Mativo ordered the Boundary Dispute Meru / Isiolo counties to be resolved by an independent commission set up by Parliament.

He further ordered any claims of historical  injustice regarding the presently land occupied by the people of Meru and Isiolo counties shall be referred to National Land Commission for investigations and recommendations to Parliament.

The court further quashed the implementation of the said report Committee report.

In his judgment Mativo noted that that the committee set up to resolve the boundary dispute between the two counties was unlawfully set up adding that the role should have been played by an independent commission.

Further the court directed that the boundaries Dispute between Isiolo and Meru counties be resolved by an Independent Commission to be set up by parliament under Article 188 of the Constitution.

According to the judgment any claims of historical injustices regarding the presently land occupied by the people of Isiolo and Meru Counties shall now be referred to the National Land Commission for investigation and recommendation to parliament to deal with.

“It is my understanding of the law that in the meantime, issues to do with demarcation of boundaries and claims of historical injustices should be well channeled and resolved through the National Land Commission, “ruled Mativo.

Meru and Isiolo counties have also been wrangling over border areas in Kisima, Chumvi Yarre, Gambella and Tractor.

In December 2,2015 , High court temporarily halted a committee appointed by the Cabinet Secretary for Interior and Co-ordination of National Government from publishing a report a rising from demarcation of boundaries dispute between Meru and Isiolo communities

The resolution and any finding from the recently concluded demarcation of the boundary dispute between the two tribes should not be made public, until the matter pending before the court is determined.

Justice Mumbi Ngugi, said whereas there is petition before the court challenging the composition of members appointed by the CS has been disputed the report being prepared by the committee should a wait the out come of the court decision.

The judge said there will be no prejudice suffered if the report is held in abeyance to avoid tension among the two tribes.

Residents of Isiolo County moved to court seeking Interior CS Joseph Nkaiserry stopped from interfering with the Meru/Isiolo boundary dispute.

They say that the dispute is a creation of some leaders from Meru County with ill agenda of taking away the lucrative and ongoing upgrade of Isiolo airstrip.

The project is set for Sh900 million and has a passenger terminal building with an area of 4800 square meters and a capacity to handle estimated 125, 000 passengers a year.

Together with their Governor Hassan Guyo Shano, the residents hold that Meru leaders want to use government machinery as is manifest by the actions of CS Nkaiserry to also claim the 6200 acres of land mapped for the proposed Isiolo resort city.

Governor Guyo said that the land was valued at Sh6 billion in 2012 and that there is eminent threat that the land will be taken away out of the reach of Isiolo residents.

The residents also say that the sudden interest by CS Nkaiserry to settle the boundary dispute is suspect, reeks of ill motive and that the same is influenced by the impeding developments of Lamu Port-South Sudan-Ethiopia-Transport LAPSSET corridor project scheduled to pass through Isiolo County.

Through their Lawyer George Kithi, the residents say that the political environment among the communities in Isiolo is tense due to the alleged illegal decisions made by CS Nkaiserry on November 1 when he toured the region and that the resolutions can alleviate political or tribal clashes.
“The CS has no power whatsoever to appoint a team to adjudicate carry out survey and demarcate boundaries between two communities or any community at all,
“The acts need to be curtailed since the same are done without following the due process established in the constitution but purely unorthodox and unconventional means to influence the demarcation of the boundaries,” the residents said.
The people of Isiolo say that it is evident that out of the 14 members of the “impugned” joint team, 4 are purportedly representatives of Isiolo while 8 members are from Meru region. There is only one resident out of the alleged four representatives of Isiolo County.
“Constitution of the alleged committee is oriented at seeking an ethnic front-line that is imbalanced and oriented at dominating a thought process…it manifests skewed representation and a bid to sabotage, strife and or silence the voice of Isiolo residents,” they told a Nairobi court.
Governor Guy asserted that the communities in Isiolo are many but the largest are Samburu, Turkana, Borana, Somali who ought to be considered in any team to adjudicate on land issues and boundary disputes in bid to obtain ethnic balancing, fairness and protection of the marginalized.
The committee comprises of Clare Omollo-Regional Coordinator Eastern, Chairperson Wilfred Nyangwanga-County Commissioner Meru, George Natembeya-County Commissioner Isiolo, Martin Bikuri-CEC Lands and Planning Meru, Daniel Kamanja- Lands Registrar Meru, Alexander Njagi- Land Surveyor Meru, John Wanyoike- Chief Valuer Meru, Harrison Musumuiah-Lands Registrar Meru, PatrarchMunyalo-District Lands and Settlement Officer Meru, Philip Mengi- Lands Registrar Isiolo, Stephen Njuguna- Surveyor Isiolo, KimathiKaberia- Land Surveyor Meru, Ahmed Shone-CEC Lands and Planning Isiolo and Beverly Opwora- Personal Assistant/RC, taking minutes.

They therefore asked the court to issue orders barring the committee from constituting, conversing, instructing or in any way conducting works, adjudicating, surveying the boundaries or subjecting the existing boundaries delineating Isiolo county and demarcation or making boundaries of Isiolo county or against other neighboring or bordering counties including Meru.

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