Why Mandera boundary process is illegal
Courts
By
Kamau Muthoni
| Sep 12, 2025
The High Court in Nairobi has declared the process of delineating boundaries in Mandera County illegal.
Justice Bahati Mwamuye, delivering judgment on Thursday, ruled that the decision to establish new boundaries—communicated on 14 June last year—was undertaken without adequate public participation.
The judge noted publishing a notice in a single newspaper was insufficient, given the significance of the exercise to the people of Mandera.
He further observed there was no evidence to demonstrate how many residents had access to the newspaper in the region.
“As a result, the methods used by the county government of Mandera to promote public participation were highly limited and failed to accomplish meaningful or effective public involvement in the boundary delineation process,” Justice Mwamuye said.
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The case was filed by Mohamed Abdi and Hussein Weytam against the County Government of Mandera, the Attorney General, the Ministry of Lands Cabinet Secretary, the County Assembly, and Governor Mohamed Adan Khalif.
Their lawyer, Eric Kinaro, argued that redrawing boundaries in Mandera risked fuelling inter-clan hostilities and destabilising the region’s fragile peace.
He further accused Governor Khalif of bypassing both the County Executive Committee and the County Assembly.
In response, the governor denied acting unilaterally, saying the process began in 2022 with an advertisement inviting residents to give their views.
Meanwhile, the Attorney General and Lands Cabinet Secretary urged the court to dismiss the case, arguing there was no evidence linking them to the exercise.
“The impugned Gazette Notice cannot be faulted as irregular or unlawful since its issuance presupposes that prerequisite procedures—such as public participation, County Executive Committee deliberations, and submission of the delineation plan had already taken place at county level,” the AG argued.