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{
    "id": 1381768,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1381768/?format=api",
    "text_counter": 270,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "In 1992, Kitui County had just been split. It had gotten a new district. However, that new district had not been gazetted as at the time people were in Naivasha. That is why the Senator for Kitui County still feels that we should have a 48th county along the lines of the districts that were there then. That is the reason why we have 47 counties. Whether they are economically viable or not is a completely different question. Are the boundaries natural, man-made or have been gerrymandered to take into account certain clan or tribal issues? I guess that is still up for discussion. Another vexing question is where do counties begin and end? Last week, in Nyamira and Kisii counties, otherwise, very good neighbours; they speak the same language and have the same history, people are fighting over a market in Keroka. You ask yourself what this market has to do to challenge age old cultural ties, people who speak the same language from the same clans. If you are not careful, you will lose lives. Between Vihiga and Kisumu counties, there is a big fight about Maseno. There is no Session that we have held and we have not had a petitioner from Vihiga County. In fact, it keeps the committees on Devolution and Intergovernmental Relations and that of Lands, Environment and Natural Resources very busy on issues to do with Vihiga County. Makueni and Taita Taveta counties are fighting over a centre called Mtito Andei. It is driven by concerns around revenue. The governor of Makueni County wants to collect revenue in Mtito Andei and the people of Taita Taveta are saying that is historically their town. Sometimes I fail to understand why we neighbours have to fight over issues of boundary, yet these are communities that have known each other even before they knew the white man. The people who live in Kisumu County and those in Kericho County are mostly Luos and members of the Kalenjin community. We knew each other before we knew the colonialists. However, issues of boundaries separate us. There have been issues in Isiolo and Meru counties. It is on record that there are about 40 Petitions with regard to county boundaries. Some of those Petitions have come before the Senate others have gone to the National Lands Commission (NLC) and others have found their way in court. Where counties end and begin is not captured in the Constitution. The Constitution only lists the 47 counties. However, that description of where counties start and end is captured in the District and Provinces Act of 1992. Sen. Mungatana will tell you that the language used in the District and Provinces Act leaves a lot to be desired. This is because some language is not very accurate. Some of it is descriptive, some of it refers to natural features which because of climate change might not be there anymore and some of it refers to rivers and streams. It is important we ensure that we concretise these issues to avoid the conflicts that we have seen around the counties. It might also be useful for Senators to note that whereas in 1992 we had 46 plus one district, plus one, meaning Nairobi. Between 1992 and 2002, President Moi had created 30 additional districts. By the time people were going to Naivasha to consider the new Constitution, there were close to 77 districts. So, people had to go back to 1992 as a better benchmark. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Director, Hansard Services, Senate."
}