Bill spells out steps to solve county border disputes

A proposed law setting out steps to be followed in settling boundary rows between counties has been submitted to Parliament paving the way for a mechanism to settle pending border disputes.

The County Boundaries Bill 2015 sponsored by Makueni Senator Mutula Kilonzo Junior, clearly defines devolved unit boundaries and offers a road map on how border disputes will be settled in line with Section 188 of the Constitution.

The Bill was first published last year but was not introduced to the House for the first reading.

“This Bill will enable the Senate to establish mediation committees, when necessary, which will be tasked with facilitating the resolution of boundary disputes between counties,” Mr Kilonzo says in the Bill’s memorandum.

Boundary fights between the devolved units have sucked in counties such as Meru, Isiolo, Kericho, Kisii, Nyamira, Machakos, Makueni and Kajiado.

The proposed law stipulates that a registered voter or a county executive member may petition Parliament to alter the boundary.

The petition has to be supported by at least 15 per cent of the county’s voters before the Senate can consider it and recommend mediation or formation of a county boundary commission.

The recommendation must be supported by the National Assembly and sent to the President to form the commission.

Article 188 of the Constitution stipulates that boundaries of a county may be altered only by a resolution recommended by an independent commission and passed by two thirds of all members the National Assembly and an equal number of Senators.

“This Bill will, therefore, give effect to Article 188 of the Constitution as it sets out in detail the manner in which boundaries of a county are to be altered,” said Mr Mutula said in the Bill’s memorandum.

“The Bill further ensures that a high threshold will have to be met by any party desiring to alter the boundaries of any given county.”

The border fights have been spurred by battle for resources such as minerals and revenue collection at busy border towns. Makueni, Kajiado and Machakos counties have been claiming ownership of the multi­-billion ­shilling Konza technopolis project.

County boundaries and revenue sharing disputes are not peculiar to Konza City plan. Kericho and Kisii residents have also been haggling over borders along the tea plantations with each party arguing that the other has encroached on their land.

In Nyanza, Kisii and Nyamira have both laid claim to Keroka, a busy and famous township located on the Kisii-Nairobi highway.