LDGI Executive Director Mwenda Makathimo. He is a renowned Land economics expert.
By DAVID MUCHUI
Meru and Isiolo County Governors Peter Munya and Godana Doyo have been urged to follow the law in addressing boundary disputes between the two counties.
Recently, the two governors clashed after Meru Governor Peter Munya removed Cess collection barriers belonging to Isiolo County which he said were placed in Meru leading to retaliatory destruction of Meru Cess points by youths from Isiolo.
Speaking during a Meru leaders’ forum on land matters at Thiiri Centre, Land Development and Governance Institute (LDGI) Executive Director Mwenda Makathimo said that the Meru-Isiolo border is clearly defined and documented hence the dispute has no basis.
“There is no dispute between the Meru and Isiolo people because they have coexisted and worked together for long. The dispute is between the two governors. The Meru Isiolo boundary has never been changed even after it was gazette in 1992 following the addition of new districts. The documents are with the Office of the president and director of Survey,” Makathimo said.
He noted that having worked as a commissioner in the Interim independent boundaries review commission (IIBRC), he is aware that all boundaries were retained as per the 1992 gazette notice and adopted in the Constitution of Kenya 2010.
Mr Makathimo said that governors have no mandate in interfering with boundary issues hence the two county chiefs should leave the matter to relevant government bodies.
“The two counties should not be fighting over Cess collection points. There should be joint plans on how the two counties can benefit from the LAPPSET and the Isiolo resort city rather than fueling conflicts among the people,” he advised.
The land economics expert cited article 188 of the Constitution of Kenya which directs that a County boundary can only be altered through an independent commission formed by parliament whose recommendations must win support of two thirds of National Assembly and the Senate.
“As at now not the IEBC nor the National Land Commission or any government body can initiate a boundary change until the parliament forms an independent commission. It is a long process hence the need to respect the 1992 boundaries. Governors have no duty on changing boundaries,” remarked Makathimo.
The LDGI Director further advised county governments to follow the law when implementing any developments on community land to avert stirring disputes among affected communities.
“If there is any development on community land the County government must respect Article 63, sub article 4 must be respected. It requires the County to keep the land in trust of the community until a law by parliament is provided to guide its use. Community rights over resources must be respected,” he said
He called for involvement of the communities so as to foster development in areas where land is communal.
CiaMeru News 
The Meru County Government has had its excesses most recently the Muringene Market Perimeter wall saga where the Trade minister and the local county rep moved the market beacons 30feet towards the road with a claim that all are public amenities to the disgrace of plot owners who have buildings in the market and are now left without an access road. This was even after they brought in the government surveyors who placed beacons on the boundaries but they chose to ignore them.