Bill spells out rules for solving county boundary disputes
Senator Mutula Kilonzo Jnr. PHOTO | DIANA NGILA
A proposed law has set out steps to be followed in settling boundary rows between counties amid a rise in border disputes.
The County Boundaries Bill 2015 sponsored by Makueni Senator Mutula Kilonzo Jnr, offers a road map on how border disputes will be settled in line with Section 188 of the Constitution.
The boundary fights have sucked in counties like 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,” 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 like 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.
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, Kisii and Nyamira have both laid claim to Keroka, a busy and famous township located on the Kisii-Nairobi highway.
The proposed law provides that mediation will be the first step in solving the borders disputes that have turned violent and deadly.
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