Nyamira Court Summons IEBC CEO, NLC Chair, Lands Registrar
Marjan was required to appear physically for the mentioning of the petition case of a dispute of boundaries of Keroka Town, a matter which was presented before Justice Mugo Kamau.
Elizabeth Angira 
Nyamira Lands and Environment Court on Thursday, May 11 ordered the Chief Executive Officer of the Independent and Electoral Boundaries Commission (IEBC) Marjan Hussein Marjan to appear in person before the court on Thursday, May 25, 2023.
Marjan was required to appear physically for the mentioning of the petition case of a dispute of boundaries of Keroka Town, a matter which was presented before Justice Mugo Kamau.
The court also ordered the National Lands Commission (NLC) Chairman, Lands Registrar and the lands surveyors of both Nyamira and Kisii counties to appear in person with maps, records and reports indicating the boundaries of Keroka Town.
The petitioner, Nyambega Gisesa, petitioned NLC to resolve the boundary dispute between Kisii and Nyamira counties and compelled the national government to survey and erect visible beacons to clearly demarcate the boundaries issue.
Nyambega Gisesa with his lawyers outside Nyamira Law Court. /VIRALTEAKE.ELIZABETH ANGIRA
Through his lawyer Justus Maeche, about 212 residents of Keroka Market raised the petition citing harassment from revenue collection officers from both the Kisii and Nyamira counties.
The petitioner cited that there had been a boundary dispute between the Nyamira and Kisii Counties disputes that threatened the peace of Keroka Market.
This meant that they are forced to pay the same taxes to two different counties and due to the confusion, they do not know which county they should demand services and accountability for the taxes they pay.
It was also revealed that there is no clear demarcation or beacons to show a clear boundary between the two counties at Keroka Market and the centre of the dispute being the revenue collection at Keroka Market, with the leaders of the two counties trying to resolve the dispute with no success.
The petitioner who is also a Member of the County Assembly in Nyamira is aggrieved that his constituent cannot receive services from the county government as it is not clear which county government should provide services.
The petitioner is being represented by lawyers Justus Maeche, Grace Bundi, and Mokaya Hillary. Nyamira County is being represented by Erastus Orina, Rindley Nyambane and Willis Nyagarama.
Kisii County represented by Nyamweya Mosota said that the matter came before the promulgation of the Constitution of Kenya 2010.
Nyambega said that there has been a boundary dispute between Nyamira and Kisii Counties over the location of Keroka Market, which lies on what used to be the boundary between the former Nyamira and Kisii Districts of Kenya.
On the one hand, Nyamira County claims that over 90 per cent of the town belongs to it, while Kisii claims that part of the town belongs to its pursuant to existing documentation and recent history and has since encroached into about 50 per cent of the market.
Maeche being aggrieved by the said actions of the respondents filed the application in court to seek redress from the honourable court pursuant to its jurisdiction to hear and determine disputes.
The case will be mentioned on May 25, 2023.
