Residents of Njukini in Taveta constituency have moved to court to stop a boundary agreement deal signed by Taita Taveta and neighbouring Kajiado county.
They claim that in the agreement, their land was ceded to Kajiado and that they are facing eviction. Rombo Group Ranch is claiming ownership of the land that has had dispute for over five decades.
Governor Granton Samboja and his Kajiado counterpart Joseph Lenku on July 4, inked the historic joint boundary dispute resolution agreement that sought to end a longstanding row at Rombo.
However, residents Jackson Kyule, Joseph Kang’ele, Josephine Muthoka and 638 others have moved Environment and Land Court in Mombasa to seek nullification of the agreement. They said the agreement was unconstitutional.
The court certified the application urgent and is fixed for hearing in the present of all the parties on Monday.
Besides the two devolved units, the residents have also petitioned National Land Commission, National Police Service, Attorney General and Rombo Group Ranch.
The residents, all small scale and peasant farmers claim that they have occupied the disputed land since 1970s.
They further claim they were not involved in the process of the agreement and that they have been threatened to vacate the land since the deal was signed.
“There was no public participation by the residents who were the parties likely to be adversely affected by the decision,” the petition reads.
In an affidavit signed before the court, the petitioners want the court to declare that the act of forceful takeover of their land is in violation of the right to own property. Further, they want compensation for loss of property and farm produce after members of Rombo Ranch allegedly grazed on their farms.
“We have a legitimate historical injustice claim that deserves to be investigated by NLC. What annoys us most is that we are accused of trespassing a land that we have occupied for over 45 years and which we legitimately know as our home,” and affidavit signed by Jackson Kyule reads.
Centrally to the resident’s claims, the joint boundary agreement seen by the Star states that there is no unresolved dispute between residents of the two counties.
While signing the agreement at Rombo ward, Kajiado South, Samboja termed the pact as a laudable step which should be the genesis of an amicable dispute resolution for counties embroiled in similar boundary disputes.
He said the move signals a fresh start for a lasting peaceful co-existence between the communities bordering the two counties.
In his part, Lenku called upon the communities from both counties to respect the demarcated boundary and observe the laid down rules to ensure peace and harmony prevail.
Lenku noted that most boundary tussle were politically fuelled, further asking leaders to amicably solve border disagreements through mediation.
Edited by R.Wamochie
