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Environment and Land Court Justice Mugo Kamau has ordered Kisii County Governor Simba Arati to appear physically in court on March 12, 2024.
Arati will appear in court alongside acting Kisii County Secretary Robert Ombasa for a hearing of an application of alleged contempt of court over the February judgement on Keroka town boundary.
The contempt of court application was filed by Rigoma Ward MCA Nyambega Gisesa. He accuses the Kisii county boss of failing to abide by the court ruling on the boundary dispute.
"The application will be served on the two contemptors. 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 open court on March 12, 2024 at 10.30 am,” the Court order dated March 5, 2024, reads in part.
Gisesa argues that Governor Arati had failed to honour the court judgement.
Last month, Justice Mugo ruled that "the ascertainment of the boundary was based on existing records kept by the Office of the Director of Surveys. Therefore, the positions thus ascertained are factual and reproducible.”
"I am cautioning against any person who may interfere with the boundary. Land and boundary issues are emotive and I don’t want to see the prevailing peace disrupted over a non-existent issue."
Through a court order, the National Land Commission and the Independent Electoral and Boundaries Commission visited the town, clearly identified the boundaries and filed a report in court.
In his ruling, Justice Mugo acknowledged the report and said that the residents of Keroka town had been shown the boundaries to indicate that the line passes behind the main highway in the first backstreet.
He ruled that the boundaries still remain as per the report of the team of experts.
Sunday last week, locals from either side engaged police in running battles claiming interference by politicians with the laid beacons.
The chaos saw Regional Commissioner Flora Mworoa, who was visiting Kitutu Masaba constituency on Monday warn politicians against inciting locals.
“If there is anyone aggrieved with the court should go back to the courts and appeal the Judgment. What we experienced at Keroka on Sunday was unfortunate. We have individuals sending youths with weapons to the market to fight their fellow Kisiis, it is unacceptable," she said.
