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Decades-Old Law Sparks Modern Tensions at Kenya’s Coastline

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GARISSA – A long-simmering territorial dispute between Lamu and Garissa counties has flared up, with both sides digging in over the ownership of Dar-es-Salaam Point, a strategic area along the Kenya-Somalia border that includes Ishakani Village and a vital Indian Ocean shoreline.

Lamu Governor Issa Timamy reignited the controversy, firmly asserting Lamu’s claim to the contested area.

Timamy on Monday cited the District and Provinces Act of 1992, which he argues clearly places Dar-es-Salaam Point within Lamu’s boundaries, adjacent to Somalia.

“The Act is unequivocal—Lamu, not Garissa, borders the Indian Ocean. Dar-es-Salaam Point is ours,” he said, accusing Garissa of attempting to annex the area.

Lamu and Garissa counties are locked in a dispute over Dar-es-Salaam Point, with both sides citing the District and Provinces Act of 1992 to support their claims.

The legislation, though rooted in Kenya’s pre-devolution era, continues to shape debates over administrative boundaries, offering a legal foundation for disputes that threaten regional harmony.

But what exactly is this Act, and why does it remain relevant in modern Kenya?

The District and Provinces Act of 1992 (Cap 105A, Laws of Kenya) was enacted to define and regulate Kenya’s administrative units—provinces, districts, divisions, locations, and sub-locations—under a centralized government system.

It provided detailed descriptions of boundaries, often tied to geographical landmarks like rivers or mountains, and empowered the President to create or alter these units through legal notices.

At the time, Kenya was divided into eight provinces, including Coast and North Eastern, and numerous districts, such as Lamu and Garissa, which form the historical basis for today’s counties.

Before the 2010 Constitution introduced devolved county governments, the Act was the backbone of Kenya’s administrative framework.

It guided governance functions like security, resource allocation, and development planning, with provincial and district commissioners overseeing implementation.

However, its boundary descriptions were sometimes vague, relying on colonial-era maps or shifting natural features, which sowed seeds for conflicts like the current Lamu-Garissa standoff over Dar-es-Salaam Point, a strategic coastal area along the Kenya-Somalia border.

Ijara MP Abdi Ali sharply rebuked Lamu Governors claims and insisted that Dar-es-Salaam Point lies within Garissa’s Ijara Constituency.

“Lamu are our neighbors, and we respect them, but they must stop laying claim to what is rightfully ours,” Ali stated.

Mohamed Ali, an elder in Garissa called Timamy’s remarks “provocative” and urged for calm.

“We’re ready to defend our land, through dialogue or in court if necessary,” Mr. Ali warned.

Sheikh Omar Mohamud said residents of Garissa county are worried the dispute could escalate if left unresolved.

“We call on national government intervention to mediate and prevent potential conflict,” said Sheikh Omar

He said leaders from both sides must express willingness to form a joint delegation for talks despite distrust remaining high.

Mr. Suleiman Haji said Dar-es-Salaam Point dispute is one of several border disagreements in Kenya, and its resolution could shape how similar conflicts are addressed nationwide.

“For now, the coastal stretch of our county hangs in limbo, with Lamu and Garissa locked in a standoff that tests both regional harmony and national cohesion.”

He said the act fails to address community histories or ethnic considerations, which can inflame disputes.

“In cases like Dar-es-Salaam Point, the Act serves as a starting point but lacks the precision needed for definitive resolutions, prompting calls for updated boundary demarcation laws,” he added.

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