GARISSA – The Environment and Land Court sitting in Garissa has issued a temporary injunction stopping any new settlements or expansion of existing ones within a contested three-mile strip along the boundary between Garissa and Tana River Counties.
The order, granted by Justice J. Mutungi follows a petition filed by Ijara Member of Parliament Abdi Ali Abdi against the State Law Office, the National Land Commission, and others.
The petition seeks to halt activities by Tana River County and its leadership that involve creating or expanding settlements and undertaking developments on the disputed land until the main petition is determined.
The court ruled that the status quo must be maintained and directed that no new settlements or development activities should be initiated in the area until the matter is resolved.
“That pending the hearing of the notice of motion inter partes, the current status in regard to the three-mile strip shall be maintained,” the order states.
“The 1st Respondent shall not plan and/or open any new settlements within the area.” The matter is set for further directions on June 26, 2025.
MP Abdi Ali Abdi, in a post to his X platform, termed the decision “historic” win for the people of Garissa, particularly the residents of Ijara Constituency.
“Today, I am proud to share a major legal victory for the people of Garissa specifically Ijara Constituency since British colonial times. The Environment and Land Court in Garissa has granted a temporary injunction stopping any new settlements, creation of new settlements or expansion of the existing settlements and carrying out any developments by the Tana River County government and its leadership along the 3-mile boundary between Garissa and Tana River County,” he said.
“This decision is not just a legal milestone, it is a step forward in our long journey to address and end the historical injustices that have denied our people their rightful land, access to Tana River water, and peace for too long. Our voice has been heard. Justice has begun to take its course,” he added.
He thanked, “the legal team, community leaders, and every resident who has stood firm in defense of our land.”
The court also issued a penal notice warning that any disobedience or non-observance of its orders would result in legal consequences.
The matter is one of the historical grievances rooted in boundary demarcations in Northern Kenya over the controversial land dispute between Garissa, Lamu and Tana River counties.
The strip, initially drawn without local consultation, spans eleven wards in Balambala, Garissa Township, Bura East, and Ijara sub-counties territories that have long been inhabited by the people of Garissa.
The National Land Commission (NLC) on Tuesday convened a one-day public hearing in Garissa to address historical land injustices (HLI).
During the session, speakers urged the Commission to nullify the relevance of the controversial three-mile strip in current boundary decisions and called on the Independent Electoral and Boundaries Commission (IEBC) to prioritize sensitive areas like Garissa in its ongoing boundary review process.
The NLC delegation was led by Commissioner Reginald Okumu, who chaired the panel, accompanied by Commissioners Hubbie Hussein and Tiyah Galgalo, and supported by Edmond Gichuru, Head of the HLI Secretariat.
Commissioner Okumu stressed the importance of proper documentation of public land and institutions, warning that undocumented land is especially vulnerable to grabbing.
Commissioner Hubbie highlighted the widespread issue of unregularized land in Garissa. She said many public institutions have already lost land to illegal acquisition.
She emphasized the need to reclaim such properties.
Commissioner Tiyah Galgalo brought attention to the recurring issue of multiple land allocations, where a single parcel is registered under different names, an ongoing national challenge, she said.
Garissa Governor Nathif Jama appealed to the Commission to help resolve the protracted boundary dispute with Tana River County over the contested three-mile strip along the east bank of the Tana River.
He also called on Mary Wangui, the Director of Physical Planning, to compile a comprehensive report of all grabbed land in the county for submission to the relevant authorities, including the NLC.
Commissioner Okumu observed that Garissa remains the only county in the North Eastern Region where most land remains unregularized.
He urged county leaders to prioritize land planning and surveying as a critical step toward combating land grabbing.
