Time to end county boundary rows

Irate Isiolo youth pull down barriers and makeshift structures in a boundary tussle last year. A number of counties have seen fighting over border disputes. [PHOTO:SAMMY MOSE/STANDARD]

Numerous reports have been made of rising tension and conflict along county borders. The situation has escalated to worrying levels which has resulted in displacement of persons, livestock theft and destruction of property and loss of lives.

This scenario contrasts sharply with periods before the introduction of the devolved system. Few incidents were reported of border conflicts in the then district and provincial administration units, which were adopted to form the current county boundaries.

The county boundary wrangle goes against the objective of devolution. The objectives are to foster national unity, recognise diversity, protection and promotion of interests and rights of minorities and marginalised groups. The objectives should then manifest in faster and sustainable economic growth and development for counties in particular and Kenya in general.

Tension

Reported tensions between communities living along the borders of various counties are mostly politically instigated. In some areas, reports indicate some people expressing wish to register as voters in contiguous counties to attract development in their settlement.

This scenario points to violation of rights and fundamental freedoms as enshrined in the Constitution. Counties should not discriminate directly or indirectly against any person on grounds such as ethnic or social origin. Other factors raising tension on county borders is revenue collection to boost the county coffers and land disputes.

The former district and provincial boundaries adopted as county boundaries have been properly marked, surveyed and mapped by competent government institution responsible for surveying and mapping. Records and maps exist in various government institutions and archives which should be interpreted to resolve any border issue which may arise.

The various maps have been effectively used for administration purposes and land registration since independence.

No major concerns have been raised about the accuracy of the county boundaries and settlement pattern. But all of a sudden, we have conflicts between counties over jurisdiction on border townships, farming belts and grazing areas.

County boundary maps exist at different scales as per the user requirement. The boundaries are depicted on the ground by either natural features, cultural features or both. Natural features used as boundaries are rivers, valleys, ridges and hills.

Cultural feature used as boundaries include roads, railway line and property boundaries. Boundaries can also be mathematically defined by giving angular measurement, linear measurement and direction from one border point beacon to another.

County boundaries in range land areas might not be easy to perceive due to lack of intervisible physical marks and long distances from one border point beacon to the other. This requires an expert interpretation of the map to point to the actual or approximate alignment of the boundary.

Survey

But areas where cadastral surveys have been carried out, there should not be any ambiguity because the maps of the large scale farms indicates the district or county where the property is situated.

In high density areas holding many small scale peasant farmers, either land consolidation or adjudication act was applied. Subsidiary legislation was done and legal notices issued to enable claimants to ascertain existing rights in trust lands.

The notices indicated the limits of adjudication area and involved the area government representative, village elders and local residents. Once the existing claims have been ascertained, the land is demarcated, surveyed, mapped and title deeds issued.

The land ownership documents indicate the registration districts, section and unit.

As such, persons in those areas clearly know the limits of their land and which side of the administrative area their parcel of land are situated. They also know if their parcel of land forms the county boundary in relation to neighbor’s parcel.

Counties dissatisfied with current boundaries should engage their senators and members of parliament over the issue, as county boundaries disputes is the responsibility of parliament. Parliament will set up a commission or tribunal to tackle the disputes.

The resolution to alter boundaries must be passed by two thirds of national assembly and senate.

Boundaries of counties may only be altered taking into account population density, demographic trend, infrastructure, historical and cultural ties, cost of administration, views of communities affected and geographical features.