How a colonial boundary rule has stranded 66 Garissa schools, blocked river access

The colonial-era "Three-Mile Rule" and widespread grabbing of public land dominated deliberations during a National Land Commission (NLC) public forum on historical land injustices in Garissa County.

Speaking to journalists after the session, NLC Commissioner Esther Murugi highlighted the Three-Mile Rule as a key historical injustice. Noting that Garissa residents were previously dissatisfied with how past claims were handled, she urged them to resubmit their petitions so the commission can formally revisit the matter.

“On the issue of land grabbing, which seems to be so rampant here in Garissa, we have asked the public to submit claims of specific public lands that have been grabbed. Once the rules and regulations are finalized and adopted by Parliament, we will revisit these matters,” Commissioner Murugi said.

The NLC is currently conducting nationwide public participation to review regulations governing grants, dispositions of public land, and historical land injustice claims.

Local residents and leaders decried the colonial boundary rule, arguing that it systematically discriminates against them and restricts their legal access to the Tana River basin.

NLC Commissioner Daniel Muriungi expressed concern over public revelations that key areas within Garissa County fall inside the controversial three-mile strip. He explained that the commission's past inability to settle the dispute stemmed from a lack of enabling legal regulations.

“Previously, we would hear a case and make a determination, but when challenged in court, we were asked what law was used to arrive at that decision. That is why having these regulations in place is critical,” Commissioner Muriungi noted.

Ismail Duale, a local elder leading the push to abolish the rule, questioned why the dispute remains unresolved despite residents tabling extensive evidence before the commission. He pointed out that the boundary anomaly leaves critical public infrastructure administratively stranded in neighboring Tana River County.

“As residents of Garissa, we cannot legally access the river along a 410km stretch. About 22 secondary schools, 44 primary schools, market centers, government offices, residential areas, and farms fall within this strip. This is an illegal historical land injustice against the people of Garissa County,” Duale said.

Civil society representatives also raised red flags over private firms exploiting local communities to acquire communal land.

“Some private companies take advantage of vulnerable and illiterate community members, registering vast tracts of community land in exchange for minimal incentives, such as drilling a single borehole,” said Halima Hussein of Womankind Kenya, representing the Garissa Civil Society Network.

Hussein emphasized that limited awareness of land rights leaves residents vulnerable, calling on the NLC to launch targeted grassroots sensitization programs  across sub-counties.

Echoing her concerns, Garissa Human Rights Network Chairman Muktar Dahir Osman condemned the encroachment on public property, demanding swift action from the NLC and relevant authorities.

“We want the National Land Commission to take tough measures against individuals, business people, and leaders involved in grabbing public land,” Osman stated, warning that civil society will institute legal action if the government fails to recover the grabbed utility land.