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Boundary dispute rages on as Kwale, Taita Taveta lock horns over Mackinnon Road Township

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On February 12, the Environment and Land Court in Mombasa issued a conservatory order allowing Taita Taveta County to collect taxes and issue permits pending the June 26 ruling.

Kwale County Governor Fatuma Achani has vowed to fight to return the Mackinnon Road township under the jurisdiction of her county.

Kwale and Taita Taveta counties have been embroiled in a boundary dispute over control of Mackinnon Road Township since the inception of devolution.

The two counties have been accusing each other of trespassing.

Kwale says its boundary with Taita Taveta is at Miasenyi, a few kilometres from Mackinnon Road town while Taita Taveta insists its boundary extends to Landi Ya Mwembeni near Taru town.

The town is along the Mombasa-Nairobi highway with a population of about 3,000 people.

Speaking on Saturday at Sobibor in Mackinnon Road Township during the Madaraka Day celebrations, Governor Achani said the town rightfully belongs to Kwale County.

"I want to assure residents living in this region that my administration will not allow any piece of land to be taken outside Kwale jurisdiction. We will follow the law to resolve the dispute," said the governor.

She said the dispute has been there for a long time but it will come to an end in June when the court passes its judgement on the rightful owner.

Achani also asked Mackinnon residents not to pay their taxes in areas where they do not receive any development.

"How will you get development projects from Kwale County if you pay your taxes in another county?" she posed.

The governor appealed to the area residents to remain calm and let the law take its course.

Her sentiments were echoed by Deputy Governor Chirema Kombo who called upon the residents not to allow the boundary row to divide them.

Kwale Deputy Governor Chirema Kombo at Sobibor Mackinnon Road Township during the Madaraka Day celebrations on June 1, 2024. (Photo: Mishi Gongo)

A Taita Taveta County official who spoke to The Eastleigh Voice on condition of anonymity claimed that Mackinnon Road Township was irregularly transferred to Kwale some years back.

"We are currently waiting for the Mombasa court to issue a ruling on the dispute in June, so we cannot say much," he said.

On February 12, the Environment and Land Court in Mombasa issued a conservatory order allowing Taita Taveta County to collect taxes and issue permits pending the June 26 ruling.

The order said all revenue be deposited in an interest-earning bank account opened jointly with the Kwale County Government.

The order prohibited the Kwale County Government from collecting revenue from Mackinnon Road Township.

The order also made Taita Taveta the sole authority to issue business permits and to levy county taxes in Mtito Andei and Mackinnon Road towns.

While waiting for the ruling, Taita Taveta County said any person who remits levies to or obtains a business permit from Makueni or Kwale County shall not only be deemed to have violated the court order but will also be in possession of an invalid business permit and will be compelled to make another payment to the designated accounts.

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