The Council of Governors has moved to arbitrate counties and quell the escalating wrangles over boundary disputes.
The move comes in the wake of the failure by Parliament to pass legislation to establish a commission to review county borders and resolve any disputes.
CoG started the mediation process on Thursday with a view to resolving conflicts that threatened relations in several counties.
At least 15 counties are engrossed in bitter boundary disputes, with some degenerating into deadly clashes between communities.
On Thursday, Bungoma Governor Kenneth Lusaka chaired the CoG’s Ad-hoc Committee to arbitrate disputes involving three counties.
They are Makueni and Taita Taveta that are fighting over Mtito Andei and Taita Taveta and Kwale that have both claimed Mackinnon town.
“During the meeting we resolved that the committee adopts a traditional dispute resolution mechanism and ensure that all the relevant parties are included in the process,” Lusaka said after the meeting.
The meeting, held at CoG’s Delta House headquarters in Nairobi, was attended by governors Mutula Kilonzo Jnr (Makueni), Andrew Mwadime (Taita Taveta) and Fatuma Achani (Kwale).
Lusaka said the resolution of the parties will be escalated to the Summit–top most intergovernmental organ chaired by President William Ruto–for determination.
Mutula said the dispute between his county and Taita Taveta got nasty recently after the neighbour sent a team to the disputed town to start collecting revenue.
“The matter came to a head when Taita Taveta county sent officers to hold a meeting in Mtito Andei with a view to starting collecting revenue from the border town,” he said.
The Makueni boss however exuded confidence that a fresh push to resolve the conflict will bear fruit.
“We would like to see cordial relations and close cooperation between the counties involved,” he said.
Other counties involved in boundary disputes are Kisumu, Siaya and Vihiga that are fighting to control Maseno; Kisumu and Kericho; Kisumu and Nandi; Meru and Isiolo; and Makueni and Kajiado.
“Kisumu county is surrounded by Kericho to the East, Nandi to the North East, Vihiga to the North, where we have had disputes as well, Siaya to the West, and Homa Bay to the South,” Kisumu Senator Tom Ojienda said recently when he petitioned the Senate to resolve the boundary dispute involving his county.
In the previous Parliament, several petitions were filed in the Senate to resolve boundary disputes, however, none of the interventions have been successful.
Article 188 of the Constitution stipulates that Parliament enacts legislation to form a commission to review county boundaries and resolve any conflicts.
However, Parliament is yet to pass such legislation. Previous attempts to pass a bill to establish the commission failed.
While serving as Makueni senator, Mutula sponsored The County Boundaries Bill. The Bill collapsed in the National Assembly after being passed in the Senate as the life of Parliament elapsed.
“Let us conclude on The County Boundaries Bill so that we can bring the matter of dispute between Kajiado and Taita Taveta, Garissa and Kitui counties to a close,” Senate Majority leader Aaron Cheruiyot said, hinting at a plan to reintroduce the Bill.
The Bill provides a legal framework for the resolution of the disputes and procedures for resolutions.
It provides 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.
