The Senate recently approved the County Boundaries Bill, 2023, granting the upper house authority to intervene in county border disputes.
This move is significant, particularly in the context of the escalating tensions between Nyamira and Kisii counties over the Keroka border town.
The dispute centres around issues such as double taxation of market traders and political power struggles between local governors.
Governor Simba Arati of Kisii County, for instance, has asserted control over both counties, citing the unity of the Abagusii community under his party leadership.
Under the new law, the Senate may establish a county boundaries mediation committee upon request by the concerned parties, including governors, senators, or registered voters.
“(2) A person under subsection (l)(a) to (c) shall submit the request to the Senate together with— (a) evidence that notice was given to every county government of a county whose boundary is the subject of the dispute referred to in subsection (1) addressed to the governor and the county executive member of the county; and (b) a description, in writing, identifying the specific disputed county boundary,” reads part of the new law.
The President would then appoint a mediation committee within fourteen days of the Senate's resolution.
This committee would consist of various members, including legal experts, surveyors, and government officials, tasked with impartially facilitating communication, negotiation, and resolution between the disputing parties.
Furthermore, the bill outlines strict criteria for committee members' qualifications and procedures for their removal, ensuring the integrity of the mediation process.
Once established, the mediation committee's role is clear: to facilitate dialogue, gather necessary information, offer perspectives, and maintain confidentiality throughout the mediation process. Importantly, any agreements reached must align with constitutional principles and laws.
If the mediation committee recommends altering county boundaries, their report is submitted to the President, the Senate, and the National Assembly for further action.
Parliament would then vote on whether to approve the proposed alterations, considering factors such as population density, infrastructure, and community opinions.
The process outlined in the County Boundaries Bill, 2023, aims to foster transparency, inclusivity, and adherence to constitutional principles in resolving these contentious issues.
