Rigoma Member of County Assembly (MCA) Nyambega Gisesa has initiated legal action by filing a petition at the Environment and Lands Court of Kenya in Nyamira, seeking the arrest of Kisii Governor Simba Arati for contempt of court.
Gisesa also urged for the arrest of the acting County Secretary and Head of Public Service in the County Government of Kisii, Robert Ombasa, on similar grounds. Gisesa petitioned the court to order their arrest and subsequent incarceration for a period determined by the court.
As outlined by the MCA, the two individuals allegedly disregarded a ruling issued on February 15, 2024, which affirmed that Keroka Town fell within Nyamira County’s jurisdiction, thereby prohibiting Kisii County officials from collecting revenue in the area. “Despite the court’s verdict on February 15, 2024, mandating each county to operate strictly within its designated boundaries, Kisii County Government officials persist in revenue collection within Keroka Town, an area rightfully under Nyamira County,” Gisesa stated.
The court had instructed the County Government of Kisii to cease revenue collection in the town and directed county officials to respect territorial boundaries. However, Gisesa noted that on February 22, these officials disobeyed the court’s orders and continued revenue collection from traders in the disputed area. Additionally, Gisesa pointed out that on March 1, Governor Simba Arati distributed umbrellas bearing the inscription ‘Governor Kisii County Simba Arati’ in Keroka Town, which further violated the court’s ruling.
“The actions undertaken by Governor Paul Simba Arati suggest a continued assertion of Kisii County’s jurisdiction over the contested area, as evidenced by the subsequent redeployment of Kisii County Government enforcement officers to Nyamira County’s territory,” the MCA emphasized.
On Sunday, March 3, Governor Arati purportedly redeployed enforcement officers in Keroka Town, reportedly disrupting business activities and preventing Nyamira County officials from revenue collection.
Meanwhile, a trader at the disputed town, among others, expressed astonishment at facing double taxation from both counties. The shoe-shiner recounted being surprised by the sight of officials collecting market cess despite the court ruling.
