- 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.
Image: EZEKIEL AMINGA
Senators have endorsed a bill seeking to resolve county boundary disputes in the wake of escalating wrangles amongst various devolved units.
The County Boundaries Bill, 2021, provides a legal framework for the resolution of the disputes and procedures for the altercation of the boundaries.
It provides procedures for the creation of a commission to deal with county boundaries.
“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,” it states.
Currently, at least 15 counties are entangled in bitter wrangles over boundaries, some degenerating to clashes leading to deaths and displacements.
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.
While debating the bill, the lawmakers said it will resolve the disputes that have caused clashes and tensions among communities.
The bill is awaiting the approval of the National Assembly.
“This bill creates that very important framework for us to be able to settle disputes amicably,” Elgeyo Marakwet Senator Kipchumba Murkomen said.
“Several other counties including my county and Uasin Gishu had a lot of disputes as to which corner we should put the barrier for revenue collection from one county to the other.”
Nairobi Senator Johnson Sakaja said the bill if passed into law, will realign county boundaries that have not only caused conflict but yielded confusion and jeopardised services to Kenyans.
It stated that in parts of some counties, residents are served by two chiefs while in some areas, residents are forced to cross to the other county for services even though they are served by the same chief.
“I am very happy that we can have this framework as envisaged in the Constitution so that we sort out all these disputes,” Sakaja said.
“When you go to some parts of this country, you will find two chiefs. Since two communities did not agree, one community will call it Makutano, while the other will call it Mkutane.”
Makueni Senator Mutula Kilonzo, who is the sponsor of the bill, said the proposed law will not only resolve the disputes but will also anchor the counties in law.
“The counties are anchored under the District and Provinces Act of 1992, which defined the boundaries,” he said.
Among the counties fighting over boundaries are Kisii and Nyamira which have both claimed Keroka town, while Baringo, West Pokot and Turkana counties have a dispute at Kapedo.
There is a dispute at Maseno between Kisumu, Vihiga and Siaya counties.
Makueni and Machakos have a dispute at Konza city, Kajiado, Makueni, Taita Taveta, Kisumu and Nandi are also fighting.
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 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.
Edited by Kiilu Damaris