The High Court has stopped the implementation of a task force report appointed by Interior CS Joseph Nkaissery on the explosive Meru and Isiolo border dispute terming procedural.
At the same time the court declared that the CS acted in excess of his powers when he sanctioned demarcation on the disputed boundary.
The court has instead directed that this thorny issue be resolved by National land Commission and the IEBC instead of the “illegal, irregular…” manner adopted by Nkaissery which it nullified and quashed.
“I find that the 1st respondent acted ultra vires…” the finding, read on behalf of Justice Issac Lenaola by John Mativo at the high court, states.
Demarcating disputed boundary
In the case, a section of Isiolo residents petitioned the High Court to stop Nkaissery from demarcating the disputed boundary.
They argued that the CS’s approach was not only procedural, but also nepotistic.
“The decision by the CS was illegal, irregular, and is null and void and therefore quashed,” the judge said.
He said the implementation of the report was “prohibited.”
The judge says the matter be referred to the Land Commission for investigation.