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Hope as Kwale-Taita Taveta border dispute nears resolution after 11 years

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On Saturday, the National Land Commission (NLC) undertook a fact-finding mission with stakeholders from both counties, revisiting colonial administrative boundaries that will help determine the case. 

The 11-year-old border dispute between Kwale and Taita Taveta counties might be solved soon, as the date for the ruling is fast approaching.

In April, the Environment and Land Court in Mombasa set the ruling for June 26 this year.

On Saturday, the National Land Commission (NLC) undertook a fact-finding mission with stakeholders from both counties, revisiting colonial administrative boundaries that will help determine the case.

According to the NLC officials, the High Court in Nairobi had directed them to investigate historical land injustices, gather enough evidence and file a report.

NCL officials held a meeting with the community and representatives from Kwale and Taita Taveta and visited boundary beacons, key administrative infrastructures and historical features.

Addressing the media after the visit, Chairperson Gershom Otachi said the aim was to get a glimpse of the situation, understand the land topography and identify aspects of injustice.

"We have listened to both parties and toured the disputed areas together with surveyors, as requested by the court. After this, we will prepare a report that will help with the ruling," he said.

The chairperson clarified that the visit was not to gather new information but to confirm facts previously provided by the counties and witnesses. Early this month, the commission held several hearings in Nairobi that saw parties submit their facts.

Otachi assured the community that the report would be completed in a week and would be presented to the court within a month.

Meanwhile, he asked the locals to remain calm and avoid causing tension.

"We are working to ensure we solve the case as soon as possible. Before that happens, let us live in peace and avoid violence," he said.

During Madaraka Day celebrations, Kwale Governor Fatuma Achani asked locals to only pay taxes to her county, instructions that seemed to go against the court order that had allowed Taita Taveta to collect taxes.

In light of this, Otachi asked Kwale and Taita Taveta leaders not to incite community members and provide services without discrimination. He said the boundary dispute should not be used to starve residents of development and services.

Kwale claims its boundary with Taita Taveta is at Miasenyi, a few kilometres from Mackinnon Road town, while Taita Taveta claims its boundaries extend to Landi ya Mwembeni, near Taru town.

The commission will use the Boundary Act of 1992 to establish the facts.

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