•The Bill will enable the resolution of boundary disputes between counties through a mediation process.
•Several attempts by the Ministry of Lands and the National Land Commission have failed to resolve the row that has continued to raise tension among the communities.
Image: JACK OWUOR
The boundary row pitting Kisumu, Siaya and Vihiga counties is far from over after a Senate committee failed to resolve the long-standing conflict despite months of investigations.
In a report, the Devolution and Intergovernmental Relations Committee has concluded there is currently no legal framework for the review of the county boundaries.
“The Senate observed that there is currently no sufficient legal framework to address the alteration of county boundaries,” the committee said in a report set to be debated in the Senate on Tuesday.
Despite this finding, the committee expended taxpayers money in months of inquiry, summoning several witnesses, including governors of the affected counties.
In its report, the committee concluded that county boundaries can only be altered pursuant to Article 188 of the Constitution that stipulates legislation to create a commission to review county boundaries.
It recommended to parliament to fast track the passage of the County Boundaries Bill, 2021 to create a commission to review the boundaries.
Already, the Senate has approved the bill and forwarded it to the National Assembly.
“That the National Assembly priorities and expedites consideration of the County Boundaries Bill, Senate Bills No 20 of 2021 to provide an avenue for the review of County boundary disputes,” the committee said.
The panel said the Bill will cure the current scenario where the boundaries of the districts in the Districts and Provinces Act are deemed to be the boundaries of the corresponding counties.
The Bill will enable the resolution of boundary disputes between counties through a mediation process.
“It will also ensure that a high threshold is met before the boundaries of any county are altered,” the report reads.
The committee chaired by Homa Bay Senator Moses Kajwang has been inquiring into the border row after 17 petitioners from Banyore community petitioned the senate to resolve the conflict.
The three counties have been embroiled in the boundary dispute for decades. They are wrangling over three locations in Maseno area.
Vihiga has claimed Maseno town lies within its borders but Kisumu has claimed the town.
Members of the Banyore community living in the disputed area, have alleged intimidation and denial of services by Kisumu and Siaya counties.
They claimed that the community has been split into three counties.
Several attempts by the Ministry of Lands and the National Land Commission have failed to resolve the row that has continued to raise tension among the communities.
In its report, the committee recommended that the three counties involved in the dispute form a framework to address the concerns raised concerning access to services and public amenities for the communities in the border areas.
The panel invited the National Cohesion and Integration Commission to continue engaging the local communities living along the three-county borders in peacebuilding activities to ensure peaceful co-existence in the disputed area.
“The committee noted that NCIC had undertaken to ensure if there is any discrimination identified, corrective measures shall be put in place to guarantee the equitable distribution of resources,” the report states.
Besides Kisumu, Vihiga and Siaya, at least 10 other counties are engrossed in conflicts over boundaries.
They are Isiolo and Meru, West Pokot and Turkana, Garissa and Wajir, Kisumu and Kericho.
Others are Kwale and Taita Taveta, Taita Taveta and Makueni, Nandi and Kakamega, Baring and West Pokot.
Edited by Kiilu Damaris