•The lawmakers have re-introduced the County Boundaries Bill, 2021 to resolve the disputes currently pitting at least 15 counties.
•The Bill provides a framework for the resolution of the disputes and procedure for the altercation of county boundaries.
A Bill seeking to resolve county boundary disputes has been re-introduced in the Senate in an attempt by lawmakers to address the escalating wrangles.
The lawmakers have re-introduced the County Boundaries Bill, 2021 to resolve the disputes currently pitting at least 15 counties.
“This Bill is expected to ensure resolution of disputes concerning county boundaries and to provide a framework for the alteration of the boundaries of a county should the need arise,” read the bill.
The Bill provides a framework for the resolution of the disputes and procedure for the altercation of county boundaries.
The proposed law, sponsored by Makueni Senator Mutula Kilonzo Jr, was introduced in the House for first reading on Tuesday.
The Bill had been passed by the Senate in 2017 and subsequently sent to the National Assembly for consideration. It had been stuck there since.
However, it has been recalled and republished a fresh following a court ruling that directed the two speakers to seek concurrence before a bill is introduced in either house.
The republication of the bill comes at a time when several counties are wrangling some escalating to violence over boundaries.
They include Kisumu, Siaya and Vihiga that are fighting over boarder at Maseno, Meru and Isiolo, Makueni and Kajiado, Makueni and Taita Taveta and Kisumu and Nandi.
Article 188 of the Constitution provides that Parliament shall form a commission that shall recommend altercation of a county boundary and deal with any disputes.
The Bill makes it tedious and provides long procedures to alter county boundaries.
A petition, supported by at least 15 per cent of the voters and two-thirds of the members of the county assembly must be filed to parliament.
The Senate shall inquire into the petition and make recommendations to the president to form a commission.
The commission’s report shall then be filed to the Parliament for further consideration.
According to the Bill, there shall be a mediation committee formed by the president.
The committee shall be formed after a resolution following a petition by either the senator, governor or a registered voter in the county.
“Where a resolution has been made by the Senate for the establishment of a mediation committee under section 7(1), the President shall within fourteen days of receipt of the resolution appoint a mediation committee, with the approval of the Senate,” read the bill in part.
The petition shall contain evidence that notice was given to every county government of a county whose boundary is the subject of the dispute and a description of the specific disputed county boundary.
The committee shall inquire into the dispute between the mediation parties and facilitate communication and negotiation between the mediation parties to assist the mediation parties to reach an agreement regarding their dispute.
Within three months, the committee shall report to the senate the agreement arrived at if any; and any other recommendation that it considers appropriate.
“Where one of the outcomes of the mediation process is a proposal for the alteration of the boundaries of any of the affected counties, the mediation committee shall submit its report to the President, the Senate and the National Assembly,” it says.
In this case, the President will appoint a 14-member independent commission to handle the case
The Bill also states that a registered voter in a county, an MP, senator or governor can petition parliament for the altercation of the boundary.
Such a petition, according to the proposed law, shall be supported by at least 15 per cent of the registered voters of the petitioner’s county.
“A petition made under subsection (1)(b) shall be accompanied by a resolution of the county assembly supported by at least two-thirds of the elected members of the county assembly,” it states.
The report shall be committed to a special senate committee which shall inquire into the dispute.
It shall obtain a certificate from the Independent Electoral and Boundaries Commission ascertaining that the petition is supported by at least 15 per cent of the registered voters of the petitioner’s county.
The committee will table its report in the house with recommendations to refer the case to a mediation committee or establish a commission.
If it recommends a mediation committee and the house approves the same, the speaker shall, within seven days of the resolution of the Senate, forward the resolution to the President for the establishment of a panel.
If the committee and house recommend the formation of a commission, the case shall be referred to the national assembly for consideration.’
Whenever Parliament resolves that an independent county boundaries commission be established, the President shall, within fourteen days of receipt of the petition, nominate members of a commission.
The commission, whose members shall include the chair of the IEBC, shall inquire into the petition and make recommendations to Parliament.
If it recommends an altercation, the houses shall debate and take a vote.
“If both Houses approve the recommendation of the commission to alter the boundaries of a county, the Speaker of the Senate shall gazette the resolution as a resolution of Parliament and the boundaries of the county shall be altered as set out in the resolution of Parliament,” it states.
Edited by Kiilu Damaris