Kenya has 47 counties.
The new set-up, while arguably reasonable, would be extremely costly with more salaries and infrastructure at a time Kenya’s economy is already burdened by debt, more taxes and a painfully high cost of living.
Lawmakers from across the political divide promoted the new entities they called a step to ensuring what they termed "justice for smaller communities that have suffered under the current set-up".
The legislators are agitating for the split of Migori, Busia, Bungoma, Kisii, Kitui, Homa Bay, Nakuru, Wajir, West Pokot, Garissa and Meru.
Thus, the new counties they want to be hived out are Kuria, Teso, Mount Elgon, Gucha, Mwingi, Suba, Nakuru West, Wajir South, East Pokot, Ijara and Nyambene.
The lawmakers argue the proposed units meet the criteria for creating counties, including ethnic identity, geographical area as well as population.
“It is on this basis that counties such as Tana River, Taita Taveta, Isiolo, Tharaka Nithi, Embu, Kirinyaga and Elgeyo Marakwet were established,” the MPs said in a joint memorandum to the National Dialogue Committee.
“The proposed new counties share similar characteristics with the aforementioned counties.”
The National Dialogue Committee is the 10-member team spearheading talks initiated by President William Ruto and Opposition Chief Raila Odinga.
The committee last week invited public views.
The new counties, the MPs said, would protect the rights of marginalised communities that currently are eclipsed by the dominant tribes.
The proposal, however, requires a constitutional amendment to increase the number of MPs in both Houses of Parliament.
If the push to create the additional counties is implemented, then the country will have 58 governors, deputy governors, with 11 more woman representatives and senators, as well as executive committees and county staff and infrastructure.
The size of the National Assembly will increase to 360 MPs from the current 349, while Senate membership will increase from 67 to 78 senators.
The 26 MPs defended the move, saying it would increase inclusivity and representation of all Kenyans.
“We stand firmly in support of the principles of ‘one-man, one vote, one shilling, one kilometre’ and the formation of 11 additional counties,” Kuria East MP Marwa Kitayama said.
“This proposal is a win-win solution aimed at achieving shared prosperity and a united destiny.”
The group caucusing under the National Parliamentary Caucus for Additional Counties claimed the current 47 counties were provisional and the number never was intended to be an end in itself, carved in stone.
Should this proposal be adopted, Kenyans could be headed to a referendum as some of the changes require the popular approval.
Article 255 of the Constitution requires a public vote on any proposed amendments relating to the objects, principles and structure of devolved government.
Suba South MP Caroli Omondi, who is among those spearheading creation of the new units, said the initial draft by framers of the Constitution had proposed eight regions and 74 counties.
This number, he said, was dropped in favour of the current 47 counties that were virtual copies of former districts.
"We are making a call that for purposes of equity, this matter be reviewed," Caroli said.
“We reference Chapter 4.6 from the report of the Committee of Experts (CoE) on constitutional review, which emphasises the provisional adoption of districts as the proposed counties.
“This was intended as the starting point for a new dispensation, with room for future adjustments to the boundaries of devolved units.”
The adoption of districts, the MPs argued, has promoted unprecedented economic, social and political marginalisation.
Teso South MP Mary Emaase deplored the current system that she said has relegated many regions to untold suffering.
“They just picked on previous districts and as a result of that we were disadvantaged,” Emaase said.
Further, the lawmakers argued the current county configuration has resulted in unequal access to political processes, restricted access to resources, inadequate services and reduced services and undermined inclusivity.
The leaders spoke at Parliament Buildings after presenting their memorandum to the National Dialogue Committee co-chaired by National Assembly Majority leader Kimani Ichung’wah and former Vice President Kalonzo Musyoka.
The bipartisan committee is currently receiving views from the public.
Those interested in submitting views have until Friday, September 8, to write to the Clerk of the National Assembly or the Senate or hand-deliver their submission to Parliament Buildings.
Marwa said the current counties were discriminatory and disadvantaged some regions.
"To address these crucial matters, we are submitting this joint memorandum to the National Dialogue Committee, specifically focusing on outstanding constitutional matters related to governance issues, including the promotion of nation unity and inclusivity in public appointments," he said.
The lawmakers said the proposal does not require a referendum, as some experts claim.
Marwa said the current law mandates the National Assembly to enact legislation around devolution and altering county boundaries.
“We acknowledge Article 181 (1), which stipulates the process of altering county boundaries, involving an independent commission set up by Parliament and the support of at least two-thirds of members in both the National Assembly and the Senate,” he said.
The Kuria East MP expressed confidence that the MPs will convince both Houses of Parliament to vote for the creation of the new devolved units.
MPs backing the creation of the new units include Mathias Robi (Kuria West), Oku Kaunya (Teso North), Fred Kapondi (Mt Elgon), Robert Pukose (Endebess), William Kamket (Tiaty), Peter Lochakapong (Sigor), Gideon Mulyungi (Mwingi Central), Paul Nzengu (Mwingi North) and Charles Nguna (Mwingi West).
Others are Irene Kasalu (Kitui), Enoch Wambua (Kitui), Alfa Miruka (Bomachoge Chache), Sylvanus Osoro (South Mugirango), Innocent Obiri (Bobasi), Nolfasson Obadiah (Bomachoge Borabu), Abdi Ali Abdi (Ijara), Umulkher Harun (nominated) and Joseph Tonui (Kuresoi South).
Also in the caucus are Alfred Mutai (Kuresoi North), Paul Chebir (Rongai), Samuel Arama (Nakuru Town West), Liza Chelule (Nakuru MP) and Mohamed Adow (Wajir South).
This is not the first time an increase in counties has been proposed. In the lead-up to the 2022 election, Kitui Senator Enoch Wambua initiated a push to create the 48th county when he proposed to split Kitui into two.
The proposal did not materialise as the House went on general election recess before his bill was debated.
Kuria East MP Marwa had also sponsored a bill to create five additional counties, citing historical injustices.
In his Constitution of Kenya (Amendment) Bill, 2022, the MP proposed new five counties would be hived off regions where minority communities are ‘stifled’ by dominant ones.
The fresh push will rekindle past efforts to increase the number of counties and the country's constituencies.
The Building Bridges Initiative, which was backed by former President Uhuru Kenyatta and Azimio leader Raila Odinga, sought to create an additional 70 constituencies countrywide.
The BBI process was blocked by the Supreme Court, which ruled the initiative was null, void and unconstitutional.
