IEBC raises alarm over rising county boundaries feuds

Land secretary Charity Ngilu, IEBC chairman Issack Hassan (right), and Senate committee on Land chairman Lenny Kivuti on Tuesday. PHOTO | JEFF ANGOTE

What you need to know:

  • IEBC Chairman Issack Hassan tells Senate the tiff about borders does not fall under its mandate.

The Independent Electoral and Boundaries Commission (IEBC) wants Parliament to urgently set up a body to settle the growing number of boundary disputes between counties.

Chairman Issack Hassan told the Senate Standing Committee on Land that IEBC has no mandate to address county boundary disputes.

Parliament should establish an independent commission to address the boundary fights that have sucked in counties like Meru, Isiolo, Kericho, Kisii, Nyamira, Machakos, Makueni and Kajiado. 

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

“We have an Act of Parliament that gives us the boundary. We either follow the law or not. It is not the mandate of IEBC to deal with county boundaries.  It’s a commission to be set by House to do that and I think it is high time you set up that commission because issues are going to arise,” Mr Hassan told the committee in a meeting attended by Land secretary Charity Ngilu.

The Constitution allows alteration of county boundaries to take into account population density and demographic trends, physical and human infrastructure, historical and cultural ties, cost of administration and views of those affected among others.

Mr Hassan made the recommendation after Senate discovered disparities between the Districts and Provinces Act of 1992 and the Ministry of Land maps demarcating boundaries of some of the counties.

The committee, which is investigating the exact location of Konza Technology City, found out that the Districts and Provinces Act of 1992 places the technopolis in Makueni while map of Kenya published by the Land Ministry says it is in Machakos.

Makueni, Kajiado and Machakos counties have been claiming ownership of the multi-billion- shilling project. County boundaries and revenue sharing disputes are not peculiar to Konza City.

Elsewhere the governor of Meru County is also caught up in a row with his counterpart from Isiolo.  Meru accuses Isiolo of encroachment.

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, governors James Ongwae (Kisii) and John Nyagarama (Nyamira) have both laid claim to Keroka, a busy and famous township located on the Kisii-Nairobi highway.

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