THE COUNTY BOUNDARIES BILL, 2023
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Executive
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KSh 2 Million Fine for Altering Boundary Records
The Cabinet Secretary for land surveying and mapping must maintain up-to-date digital and manual records of all county boundaries. Under Section 4, any person who unlawfully alters or interferes with these official records commits an offence and is liable to a fine of up to KSh 2,000,000, imprisonment for up to 5 years, or both.
Establishment of County Boundary Mediation Committees
To resolve inter-county boundary disputes, the Senate is empowered to establish a mediation committee. Appointed by the President, the committee is led by a High Court advocate of 15 years' standing who is also an accredited mediator. The committee has the powers of the High Court to summon witnesses and examine them under oath, and must submit its report to the Senate within three months.
New Petition Framework for Boundary Alteration
Under Section 18, a boundary alteration petition to Parliament can be made by a registered voter (supported by at least 15% of registered voters in the affected county), an elected MCA, a Senator, an MP, or a Governor. If approved by Parliament, a temporary Independent County Boundaries Commission is appointed by the President to investigate and make final recommendations.
Repeal of the Districts and Provinces Act
The Bill officially repeals the legacy Districts and Provinces Act (Cap 105A). It replaces obsolete colonial-era geographical boundaries with the updated descriptions of Kenya's 47 counties as defined in the First Schedule.
Bill No.
Bill No. 6 of 2023
Gazette No.
Supplement No. 15 of 2023
Background
The County Boundaries Bill, 2023, aims to give effect to Article 188 of the Constitution, which regulates the alteration of county boundaries. Border disputes and vague boundary demarcations have previously caused administrative and community challenges. This Bill establishes a comprehensive and clear statutory process for resolving these disputes through mediation and independent inquiry before any border alterations are voted on by Parliament.
Key Amendments
- Repeal of Cap 105A: Repeals the Districts and Provinces Act (Cap 105A), aligning the statutory definition of geographic boundaries directly with the 47 counties created under the 2010 Constitution.
- Establishment of Mediation Committees: Introduces a formal inter-county dispute mediation mechanism initiated by the Senate and appointed by the President.
- Process for Boundary Alteration: Standardizes how county boundaries may be changed, requiring both an independent inquiry and approvals backed by at least two-thirds of the National Assembly and two-thirds of county delegations in the Senate.
New Obligations
- Record Keeping: The Cabinet Secretary responsible for land surveying and mapping must keep up-to-date digital and manual records of county boundaries and make them available to any person upon request.
- Support Threshold for Petitions: Registered voters petitioning for boundary changes must secure signatures of support from at least 15% of registered voters in their county.
- Disclosure of Interest: Commission and committee members must disclose any personal, direct, or indirect interest in any boundary dispute under consideration. Failure to do so is a punishable offence.
Penalties
- Interference with Boundary Records: Anyone who unlawfully interferes with the Cabinet Secretary's boundary records faces a fine of up to KSh 2 million, a prison term of up to 5 years, or both (Section 4).
- Obstruction of Officials: Wilfully obstructing any member or officer of a mediation committee or the Independent Commission carries a fine of up to KSh 100,000, imprisonment of up to 1 year, or both (Section 52).
- Failure to Disclose Conflict of Interest: Commission members who fail to declare a conflict of interest in a proceeding face a fine of up to KSh 100,000, up to 1 year of imprisonment, or both (Fourth Schedule).
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