FIGHT FOR MACKINON

NLC moves in to end Kwale - Taita Taveta boundary row

On Saturday, NLC revisited colonial administrative boundaries to determine the case

In Summary
  • The Mackinnon dispute has been the source of tension between Taita Taveta and Kwale counties with each claiming ownership
  • The town is located along the Mombasa-Nairobi Highway

The protracted land dispute between Kwale and Taita-Taveta counties over the Mackinnon town might end soon. https://shorturl.at/VU3QK

NLC Chairperson Gershom Otachi during an interview at Miasenyi in Mackinnon ward, Kwale County on Saturday, June 22, 2024.
REVIEW: NLC Chairperson Gershom Otachi during an interview at Miasenyi in Mackinnon ward, Kwale County on Saturday, June 22, 2024.
Image: SHABAN OMAR

The protracted land dispute between Kwale and Taita-Taveta counties over the Mackinnon town might end soon. 

National Land Commission, on a fact-finding mission, revisited colonial administrative boundaries to determine the case.

The High Court in Nairobi directed NLC to investigate historical land injustices, gather sufficient evidence and file a report.

Earlier this month, the commission held several hearings in Nairobi that saw parties submit their facts. 

On Saturday, chairperson Gershom Otachi and NLC surveyor Sospeter Ohanya held a special sitting at Mackinnon town with the communities and representatives from Taita and Kwale.

The sitting allowed parties to visit boundary beacons, key administrative infrastructures and historical features.

"We listened to both parties and visited the disputed areas together with surveyors, to have a glimpse of the real situation on the ground and understand the land topography and identify certain aspects of land injustices as requested by the court," Otachi said.

The commission uses the Boundary Act of 1992 to retrace the boundaries.

Parties pointed out colonial structures such as learning and administrative institutions and service providers, natural features and tombs as evidence.

Otachi said the visit was not to gather new information, but to confirm facts previously provided by the counties and witnesses.

One of the beacons
BOUNDARY: One of the beacons
Image: SHABAN OMAR

Residents of Mackinnon and Mtito Andei, through Senator Okiya Omtata, moved to court seeking a resolution on the boundary dispute.

The final report, expected to be completed in a few days, will be presented to the court within a month.

The fact-finding mission helped the counties to interpret the significance of the features and beacons.

Otachi urged the communities to remain calm and avoid causing unnecessary tension.

He said efforts to solve the case are underway.

"We are all one, let's embrace unity and peace," Otachi said.

The NLC boss asked political leaders not to incite community members and provide services without discrimination.

He said the boundary dispute should not be used to starve residents from development and services.

The Mackinnon dispute has been the source of tension between Taita Taveta and Kwale counties with each claiming ownership.

The town is located along the Mombasa-Nairobi Highway.

Kwale county claims its boundary with Taita Taveta is at Miasenyi, a few kilometres from Mackinnon Road town.

Taita Taveta claims her boundaries extend to Landi ya Mwembeni, near Taru town.

In April Mackinnon residents expressed fears of missing out on crucial government services from Kwale after a court issued an order on February 12, permitting Taita-Taveta to collect taxes in the disputed area, pending June 26 ruling.

Taita-Taveta and Kwale residents during a meeting with NLC at Mackinnon Town in Kwale county on Saturday, June 22, 2024.
ACTIVATED: Taita-Taveta and Kwale residents during a meeting with NLC at Mackinnon Town in Kwale county on Saturday, June 22, 2024.
Image: SHABAN OMAR
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