15 counties embroiled in border disputes

If framed carefully, County Boundaries Bill, 2023 can provide a workable framework for the resolution of the disputes and procedure for the altercation of county boundaries.

A report by the Senate shows that the House is currently faced with about 15 cases involving boundary disputes among various counties in the country. At least 15 counties are currently embroiled in fierce boundary disputes that have left death and destruction in their wake.

Lawmakers of the counties affected by the disputes had sought the intervention of the Senate in the hope that it would help bring to an end the long-standing disputes including ensuring the enactment of the County Boundaries Bill, 2023.

Some of the counties embroiled in boundary disputes are Kisumu and Nandi counties over Chemelil, Muhoroni, Miwani, Kibigori, Kibos, Koru and Kopere towns and Kericho and Kisumu counties over Sondu town.

Others enmeshed in border disputes are Kisumu, Vihiga and Siaya, Kisii and Nyamira counties, Tharaka Nithi and Meru counties, Taita Taveta, Makueni, Kwale and Kajiado Counties; Kwale and Taita Taveta Counties.

The dispute between Tharaka Nithi and Meru counties has persisted for more than four decades and revolves around the ownership of Kithino, Kianjai, Kathwana, Njoguni and Gatithini areas where clashes are witnessed frequently.

Nominated Senators Esther Okenyuri and Chimera Raphael noted that the border disputes between Kisii and Nyamira counties and that of Kwale and Taita Taveta have led to cases where traders in some parts of those counties are double taxed and subjected to several sets of county rules.

Surveyors in Keroka town at the disputed boundary between Nyamira and Kisii counties. 

“We recommend long term redress mechanisms to resolve the boundary dispute addressing claims of double taxation of traders in the disputed boundary area,” said Senator Chimera.

Taita Taveta Senator Johnes Mwaruma wants the Senate to establish exact boundary points and geographic coordinates between the four counties.

In a statement he presented to the committee on Devolution and Intergovernmental Relations, which is chaired by Wajir Senator Mohammed Abbas, Senator Mwaruma pleaded with the Committee to find a lasting solution to the persistent border disputes.

The County Boundaries Bill, 2023, initially introduced in the 12th Parliament by then Makueni Senator Mutula Kilonzo Junior, was reintroduced to the Senate by Homabay Senator Moses Kajwang.

The Bill provides a framework for the resolution of the disputes and procedure for the altercation of county boundaries and the lawmakers are confident the Bill will cure the persistent boundary disputes as it seeks to define the boundaries of all the 47 counties.

It further provides a legal framework for the resolution of county boundary disputes through the establishment of a County Boundaries Mediation Committee.

It also gives effect to article 188 of the Constitution which gives Parliament the green light to set up a Commission that may recommend alteration of a county boundary.

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.