Land-Tussle
Residents of Mackinnon, a town being contested by Kwale and Taita Taveta Counties are appealing to the Senate to expedite the enactment of the County Boundaries Bill, 2023 sponsored by Homa Bay Senator Moses Kajwang to resolve the dispute.
Judge Lucas Naikuni of Mombasa Environment and Land Court February in a petition filed by Senator Okiya Omtatah issued conservatory orders pending the judgment on the land boundary row petition in June involving Taita Taveta, Kwale and Makueni counties.
The County Government of Taita Taveta was appointed to be the sole authority issuing permits and levying county taxes in Mackinnon Road and Mtito Andei towns along the Mombasa-Nairobi highway.
The revenue is supposed to be deposited into an interest-earning bank account opened jointly with the County governments of Kwale and Makueni.
Mackinnon Road MCA Mwagawary Mwasoko said during a demonstration Sunday that the Busia Senator went to court in a bid to solve the stalemate but “Charlatans got in between making the residents go through double taxation” which was not the intent of the Senator.
Mwasoko who appealed to Omtatah to withdraw the case, decried land subdivisions and collection of revenue by Taita Taveta to the chagrin of Kwale. He said Revenue Collectors from Kwale will be deployed to Miasenyi to collect cess if a joint account is not formed as ordered by the court.
“Where are you taking the revenue when there is no joint account,” asked Mwasoko. “We know where the boundary is, it’s unchanged.” The residents threaten to demarcate the land to be clear for all and sundry.
Boniface Kamanza, a septuagenarian born in the area embroiled in the tussle. He has been a teacher, Chief and Division Officer. He argues that the original name of Mackinnon is Kukuelessha.
“All the years I have known this area to be in Kwale, not Taita. In 1947, Taita was in Eastern province because Taveta was still in Tanzania,” said Kamanza.
“Whoever wants to live here is welcome, but I know their problem is they have sold all the land and no longer have a place to live,” he added. Fatuma Chumvi revealed that she was married in the area in 1972, they had a shop and ever since have been paying for a license to the defunct Kwale County Council.
“Our Governor Fatuma Achani this is your stronghold don’t allow your territory to be taken away,” she said. Another resident, Khadija Abdulrahman said since the onset of devolution they have been getting development from Kwale.
“We don’t have a single project thus there is no need for revenue to go to Taita. Our brothers from Taita are our old neighbours we should live harmoniously,” said Abdulrahman.
Salim Koko, a youth leader stated that they are under siege from their neighbors who he alleged want to take over their land. He said all the groups have got their certificates and support from Kwale. “Our silence shouldn’t be misconstrued to fear,” he said.