Counties, State lock horns in land, revenue disputes
By Alvin.Mwangi, July 12, 2022Over 14 county governments have locked horns with the national government over multibillion-shilling assets.
At the centre of the disputes are land, office space, estates and revenue.
A report by the Intergovernmental Relations Technical Committee (IGRTC), where the complaints have been lodged, shows that currently there are 14 active cases.
Among the counties in the disputes are Tharaka Nithi, Nairobi, Bomet, Kajiado, Kisumu, Taita Taveta, Uasin Gishu and Bungoma.
Others are Kakamega, Vihiga, Garissa, Laikipia, Bomet and Kericho.
The report says Tharaka Nithi is at loggerheads with the Kenya Prisons Department over Kathwana land, currently occupied by the agency. The county is claiming ownership of the parcel.
In Nairobi, the county is claiming hundreds of acres of land currently in the hands of the Ministry of Defence in Mihang’o, Kayole.
“The dispute arose when the Ministry of Defence objected to the construction of a road through the Embakasi Garrison barracks,” the report says.
Bomet is warring with Interior Ministry over a piece of land as well as the National Treasury over CDF offices.
“The dispute arose when the county government of Bomet proposed to give the Kenya Red Cross Society land which the national government claimed ownership,” it says.
In Kajiado, the county government and the Ministry of Agriculture are embroiled in a bitter dispute over a piece land.
The county had issued a notice to demolish houses sitting on the land claimed by the ministry.
In Kisumu, the two levels of government are fighting over office space that has been claimed by the Ministry of Interior.
Kisumu is also in a dispute with the National Housing Corporation after the county reportedly failed to pay rent amounting to Sh1.23 billion to the corporation.
Taita Taveta and the national government, through Kenya Wildlife Service, are locked in a dispute over the management of revenue collection at Tsavo National Park.
“The dispute arose when the county government of Taita Taveta reported that 62 per cent of the county’s land was within the Tsavo National Park and was not collecting reasonable revenue from the proceeds of tourism,” the report reads.
Bank accounts
Uasin Gishu government is battling with Sacco Societies Regulatory Authority (Sasra), a national government entity.
“The dispute arose when Sasra revoked the provisional licence of Moi University Sacco Society through a letter taking over operations of the Society including its bank accounts,” the report says.
Lake Victoria North Water Development Agency is locked in a disagreement with Bungoma County over land, while the Kakamega government is also feuding with the National Intelligence Service over land.
The Vihiga County government claims the Kenya National Highways Authority had failed to complete roadside drainage works.
Garissa county is in dispute with the State over the management of government houses.
Laikipia County government is accusing KPLC of failure to review a draft agreement by the county aimed at facilitating electricity and gas reticulation.
IGRTC chair Kithinji Kiragu is urging both levels of government to lodge complaints with the committee instead of going to court.
“Alot of money is spent in court but if these entities came to us they would save a lot of money and time,” he said.
Since 2015, IGRTC has successfully resolved 11 disputes and oversaw the signing of nine memoranda of understanding between parties.
Among the resolved cases involved the national government with Mombasa, Kericho, Kisumu, Garissa, Nandi, Embu, Kiambu, Nyeri and Nyandarua counties.
Counties that have signed MoUs with the national government after successful arbitration are West Pokot, Siaya, Nairobi, Baringo, Garissa, Nyeri, Tharaka Nithi, Machakos, Kajiado and Narok.