Kisii governor Simba Arati escapes civil jail after high court ruling
Kisii governor Simba Arati and his county acting Secretary Robert Ombasa were granted freedom from civil imprisonment yesterday when a Nyamira high court dismissed a contempt action that had been filed against them.
The two individuals were asked to appear before Justice Mugo Kamau of the Environment and Lands court in order to provide a valid reason as to why they should not face legal consequences for their disobedience of a court judgement.
On February 15, 2024, the Land and Environment court in Nyamira determined that three quarters of Keroka town are officially part of Nyamira county.
This decision was based on evidence presented by the Kenya survey of Kenya, the Independent Electoral and Boundaries Commission (IEBC), and the National Land Commission.
However, the ruling was met with disapproval from the political leaders of Kisii county.
Justice Kamau, who ruled over the case, issued an order for the two counties to adhere to the established boundaries as determined by a team of experts from the three organisations.
These experts conducted a ground visit and verified the accurate boundary.
The judge has mandated that both county administrations adhere to the court verdict by respecting the boundaries and collecting money from their respective regions.
Kisii county disregarded this by encroaching into the Nyamira side.
In response to the violation, Rigoma MCA Nyambega Gisesa, who is the petitioner in the boundary dispute case, filed a court motion seeking committal orders against Arati and Ombasa for their disobedience of the decree.
Gisesa, represented by advocate Justus Maeche, requested that the court issue orders for Arati and Ombasa to be imprisoned for a duration determined by the court.
Gisesa accused Arati and Ombasa, who were the fourth and fifth respondents in the petition, of breaching the court ruling that required them to stay within respective areas when collecting rents, rates, licences, and other statutory revenues.
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Kisii governor Simba Arati escapes civil jail after high court ruling
