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Simba Arati ordered to appear in court over border dispute
Kisii County Governor Simba Arati and his Acting County Secretary Mr Robert Ombasa have been ordered to physically appear before a Nyamira court over border dispute.
Justice Mugo Kamau of the Environment and Land Court ordered the duo to physically appear in court for the mention of the Keroka Town border row case in which they are cited for contempt.
This followed an urgent contempt of court application against them on March 3, 2024 by Rigoma Ward MCA Nyambega Gisesa.
“Due to the urgency and sovereignty of the issue mentioned in the application and the gravity of the matter, the same will be mentioned in an open court on March 12, 2024 at 10:30 am. All needed parties and respondents shall appear in court physically in person for directions,” reads Justice Mugo’s order.
The court directed that the contempt of court application be served on all parties in the petition, “in addition to the alleged contemnors Paul Simba Arati and Robert Ombasa”.
Any party that shall have been fully served but fails to comply with the order, shall be cited in contempt and shall be liable for imprisonment for a term of up to six months.
The petitioner had asked the court to jail Mr Arati and Mr Ombasa for a period that the court may deem fit over the alleged contempt of court that has allegedly led to a chaotic business environment in Keroka Town since Sunday, March 3, 2024.
Mr Gisesa had submitted that the duo had disobeyed part of the decree issued on February 22, 2024, according to a judgment made by Justice Mugo on February 15, 2024, that was compelling and directing Nyamira and Kisii Counties to confine themselves to their territories in respect to the collection of rents, rates, licences and other statutory revenues.
Through Advocate Justus Maeche, the petitioner noted that peace had been breached in the disputed border Town and that the court should hear and determine the fresh application urgently.
“Traders along the disputed Keroka Town area are being harassed by enforcement officers and revenue collectors of Kisii County,” the petition read.
On February 15, 2024, Justice Mugo ruled that the territories of Nyamira and Kisii Counties are already demarcated and urged each county to confine themselves within their territories.
In that earlier petition upon which a ruling was already made, Mr Gisesa had submitted that traders in Keroka were paying taxes to both counties.
Accordingly, judge Mugo stressed that it is illegal for the market traders to be subjected to double taxation.
“The petitioner being aggrieved by the said actions of the defendants has filed this application in court to seek redress pursuant to its inherent powers to hear and determine disputes relating to contempt of its authority and orders,” the fresh petition continues to read.
Last Friday, Governor Arati distributed branded umbrellas to traders from the ‘Kisii side’ of the disputed border, to protect them from harsh weather conditions.
The orange umbrellas bore the image, name and designation of Mr Arati.
And on Sunday, a contingent of police officers backed by Nyamira County enforcement officers stormed the trading center and demolished the traders’ structures, leading to chaos that made the busy Kisii – Sotik highway impassable for several hours.
The National Lands Commission, The Attorney General, the Independent Electoral and Boundaries Commission and the two counties of Kisii and Nyamira have been enlisted as respondents in the case and are also expected in court on March 12, for the mention.
The ministry of lands and physical planning, Mr Christopher Nyang’au, Mr Francis Oyaro, and Mr Charles Kiboi are interested parties and will also be expected in court for the mention.
Justice Mugo had earlier determined that the boundary of the two counties at Keroka Town was already known and that it was illegal to subject traders to double taxation.
Nyamira County Governor Amos Nyaribo was in court on February 15, 2024 for the delivery of the judgment.
His Kisii County counterpart, Arati, was represented by his lawyers led by Mr Ochieng Odinga.
“I agree with the judgment and think it is going to enhance peace in Keroka and it is a precedent which would be followed In case of any future engagement of a matter such as this,” Governor Nyaribo had said.
Governor Arati’s counsel, Mr Odinga, on the other hand expressed his dissatisfaction with the ruling, noting that they will challenge it at the Court of Appeal.
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