The establishment of new administrative units has received backlash, with various parties now seeking to have the Kenya Gazette notice quashed.

Prime Cabinet Secretary Musalia Mudavadi, on November, 22, 2024, gazetted the establishment of the 578 units. They comprised 27 sub-counties, 59 divisions, 170 locations, and 322 sub-locations.

Tiaty MP William Kamket has filed a petition seeking the revocation of the notice.

Kamket, through lawyer Kipkoech Ng’etich, filed the suit at the High Court in Kabarnet and has listed the Interior Cabinet Secretary as a defendant.

In the petition, the MP terms the notice as illegal and claims it might cause animosity between the residents of Tiaty and Baringo South constituencies.

Marsabit professionals, students, and leaders have also protested.

In a statement, they noted that the notice erroneously reallocated Fargadud and Harade — which are historically and administratively part of Marsabit County — to Wajir County, specifically under Wajir North sub-county and Korondile sub-county, respectively.

“This unjust reassignment of Marsabit County territories violates historical, legal, and administrative norms that have been in place for decades.

‘‘The boundaries of Marsabit County, as defined in the Districts and Provinces Act of 1992, Revised Edition 2012, are clear.

‘‘They have been respected and upheld as the basis of governance and peaceful coexistence,” the statement read in part.

MP Kamket said in creating the Mukutani sub-county and relocating the same to the Baringo South sub-county despite it being in the Tiaty constituency purports to reorganise and recreate the existing boundary between the two sub-counties.

The decision, he said, is against the statutory provisions of the National Coordination Act, County Government Act, and the Constitution, which only mandates the Independent Electoral and Boundaries Commission (IEBC) to alter the boundaries of constituencies and electoral wards.

“The reorganisation, review, and creation of existing boundary between the two sub-counties risk creating distress, unnecessary tension and conflict among residents of Tiaty and Baringo South area who have had major security challenges,” he stated.”

The boundary dispute has been a source of constant and endless conflict for the two regions, resulting in constant armed raids and invasions.

“The Interior ministry’s action is ultra vires, as it is against the statutory provisions of the National Government Coordination Act, County Government Act, and the Constitution, while also infringing on the petitioner’s and the people of Tiaty’s right to fair administrative action and legitimate expectation,” he stated.

Kamket claims the decision did not allow for meaningful public participation of the residents of the two sub-counties who would be affected by the said decision and neither did it give reasons for the relocation.

Justice Wendoh Roseline declined to certify the application as urgent and ordered that it be served and mentioned on January 14, 2025, for directions.