REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CIVIL APPEAL NO. 25 OF 2000
NAROK COUNTY COUNCIL ...................................................... APPELLANT
VERSUS
TRANS MARA COUNTY COUNCIL
KENYA ASSOCIATION OF TOUR OPERATORS .................... RESPONDENTS
(Appeal from a judgment of the High Court of Kenya at
Kisii (Mbaluto J) dated 4th June, 1998
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JUDGMENT OF O'KUBASU, J.A.:
The dispute in this appeal was between Narok County Council (appellant) and Trans Mara County Council. The genesis of this dispute goes back to Legal Notice No. 285 dated 11th August, 1994 in which the then Minister for Local Government Hon William Ole Ntimama, in exercise of the powers conferred by Sections 5, 28 and 39 of the Local Government Act (Cap 265 Laws of Kenya) (hereinafter called "The Act") created a new County Council which he named the County Council of Trans Mara. The new county council was carved out of Narok County Council and its boundaries stated to be delineated edged in…