'Declare border rows a national disaster' leaders say

Leaders attending the second annual Devolution Conference in Kisumu yesterday pressed for the declaration of border disputes as a national crisis.

Senate committee on National Security and Foreign Relations Chairman Yusuf Haji said it was the next big insecurity threat after Al Shabaab.

He was backed by Transition Authority Chairman Kinuthia Wamwangi, who said intra and inter-county border disputes were posing a serious threat to devolution.

They were speaking during a session on entrenching the rule of law and alternative dispute resolution mechanisms in devolved governance.

"I do not think alternative dispute resolution will be of much help because there is no enforcement. Even our courts nowadays make decisions and there is no enforcement," reiterated the Garissa Senator.

He proposed a speedy establishment of a boundaries commission distinct from the Independent Electoral and Boundaries Commission (IEBC) to consult with communities on their grievances.

Boomerang effect

But the complaint, coming from a Senate member, boomeranged after respondents threw the ball back to the Senate.

Commission on Administrative Justice Chairman Otiende Amollo said besides defending devolution as a principle, senators were mandated to represent their respective counties.

MCA Kiriro Wambui from Nyandarua County wanted the 'Okoa Kenya' and 'Pesa Mashinani' referendum drives subjected to an alternative dispute resolution mechanism.

Both Wako and Amollo objected, saying referendum proposals aimed to alter the governing law were beyond alternative dispute measures. Besides, Wako said, the movers of the two drives had given dialogue a chance.

All panelists agreed the current legal framework on alternative dispute resolution mechanism need to be strengthened.

"We need a comprehensive legislation to cover all disputes that arise under devolution. There is too much rushing to courts and it is not helping," Wako said.

The discord between governors and senators also played out in the discussion. Governors William Kabogo (Kiambu) and Issa Timammy (Lamu) blamed the Senate for muddying county disputes instead of solving them.

Almost half of all counties in Kenya have border disputes of one form or the other.

Some of them include Pokot, Baringo, Turkana, Kisii, Nyamira, Nyahururu, Laikipia, Kericho, Kisumu, Nandi, Taveta, Kwale and Makueni.