Arati Appears in Court Over Contempt Charges
Arati Appears in Court Over Contempt Charges
Arati Appears in Court Over Contempt Charges
In order to address charges of contempt of court, Kisii Governor Simba Arati made a physical appearance before the Environment and Land Court in Nyamira on Tuesday, March 12. Last Monday, a court order required Arati and Robert Ombasa, his acting county secretary, to make an in-person appearance.
Tensions between Kisii and Nyamira counties have been stoked by a disagreement over Keroka Town’s boundary, which is the reason for this summons. Judge Mugo Kamau issued the order requiring their appearance in response to an urgent case for contempt of court that Rigoma Ward MCA Nyambega Gisesa filed on March 3, 2024. Gisesa claims that in regards to the Keroka Town boundaries, Governor Arati disregarded a court ruling.
“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, stated.
The dispute revolves around a court ruling that designated Keroka as part of Nyamira County, contrary to an earlier agreement between former Governors James Ongwae and the late John Nyagarama, which proposed the main tarmac dividing the town be used as the beacon for the boundary.
Rigoma Ward MCA Nyambega Gisesa expressed concern over the alleged disobedience to the court’s decree, stating, “The petitioner had submitted that the duo had disobeyed part of the decree issued on February 22, 2024, compelling and directing Nyamira and Kisii Counties to confine themselves to their territories in respect to the collection of rents, rates, licenses, and other statutory revenues.”
The situation in Keroka Town has been tense, with recent events exacerbating the dispute. Earlier this month, a contingent of armed police officers reportedly accompanied by Nyamira County enforcement officers stormed the market and demolished structures belonging to traders, leading to chaos and disruptions along the Kisii-Sotik highway for several hours.
In his decision on February 15, 2024, Justice Mugo emphasized that the borders of Nyamira and Kisii Counties had already been established and asked each county to stay inside its designated boundaries. The judge emphasized that it was unlawful and harmful to traders’ lives to subject them to double taxation.
Governor Arati has responded to the ongoing conflict by giving traders from the ‘Kisii side’ of the disputed boundary branded umbrellas to protect them from inclement weather. But this action has only fueled the heated debate surrounding the matter.
Governor Amos Nyaribo of Nyamira praised the court’s decision and voiced hope that it would improve harmony in Keroka. He stated, “I agree with the judgment and think it is going to enhance peace in Keroka and it is a precedent which would be followed in case of any future engagement of a matter such as this.” Many stakeholders and authorities have taken notice of the case. Respondents in the action include the Attorney General, the Ministry of Lands, the Independent Electoral and Boundaries Commission, and the National Lands Commission. All of these parties are anticipated to appear in court.
