Playing with a property boundary is like rattling a snake, it is punishable by court

By Collins Kowuor

The past week was not a good one for me. I was greeted with two heart-rending boundary related reports.

First report was a phone call from a cousin in Kapiyo village, Homa Bay County. “Brother”, he said haltingly on receiving the call. “I am in deep trouble,” he continued without even greeting me. “Why”, I asked without hesitation.

Time was of the essence if the trouble was deep. “My knee cap is cracked,” he went on. “What happened,” I asked. “My neighbour had hired some casuals to weed his farm next to that of my sister-in-law.

They then started uprooting the lion grass demarcating the boundary and she then called me to help. But on reaching, I asked them why they were destroying the boundary.

They answered by attacking me and not uttering a word, hit my knee cap with a club then ran away.” Police told him (on reporting) to follow the matter once he recovers well enough to walk easily.

The suspects continue being hired for weeding works! Second report was about a catechist who killed a sister-in-law!

May she rest in peace. The incident, it is reported, happened in Lagam village, Elgeyo/Marakwet County. It is alleged that the sister-in-law had extended her boundary by ten metres into the catechist’s farm.

The catechist may not have been the kind of man who carried his sorrow on his face or let the heathen know that he was unhappy. How did he react? He ran to his house and came back with weapon of mass destruction (bow and arrow).

The sister-in-law, on sensing danger, ran and locked herself in her house. The determined catechist noticed an opening in the window, saw where she was hiding and shot her, inflicting serious injuries on her back.

This tragic incident would have made Franklin to ask, “If men are so wicked with religion, what would they be without it?” This matter is also with the police and the suspect is a guest of the State.

Since it has been said that ignorance of the law is no defence, my mission today is to wipe out, from my readers, any ignorance on boundaries.

There are generally two types of boundaries, general boundaries, mainly found in rural areas and fixed boundaries that are mainly found in urban areas. General boundaries have lower approximation accuracy levels, depending on the survey instruments used.

Fixed boundaries, on the other hand, are precise with higher approximation accuracy levels. Land Registration Act 2012 has handled boundaries comprehensively.

It has explained boundary features, provided for maintenance of the features and prescribed penalties for tampering with the features.

The boundary features include hedges, stones, pillars, beacons, walls and other features that demarcate boundaries. Every property owner is required by this Act to maintain these features in good order. Any property owner who allows their feature or even any part of it to fall into disrepair, or to be destroyed or to be removed commits an offence and is liable to a fine not exceeding Sh200,000.

Where is the venom from this snake called property boundary?

The Act provides that any person who defaces, removes, injures or otherwise impairs a boundary feature or any part of it commits an offence and is liable to imprisonment for a term not exceeding two years or to a fine not exceeding Sh200,000 or both.

The culprit is also liable to pay the cost of restoring the feature, and the cost shall be recoverable as a civil debt. Will this help reduce boundary disputes? I am assuming that the judicial and police officers handling these cases are aware of these provisions, and that the investigation officers will gather admissible evidence.

I now wash my hands and don’t say that you were not enlightened or forewarned depending on the hat you are wearing.

The writer is Chairman of Institution of Surveyors of Kenya