SPECIAT ISSUE Kenya Gazette S Nor 176 (Senate Bills No. 16) REPI.JBLIC OF KENYA KENYA GAZETTE SU PPLEfrIIENT SENATE BILLS,2016 NAIROBI, Eth November, ?f.l6 CONTENT gil f#-,heoduction into the Senatc- PAGE The County Boundaries Bill,20l6 ...........223 inc L,''i.-HEi ffi ffilvffitrJ F,O,fiRbil?Ii}ffi:: rELr;; PRINTED AND PI.,BLISHED BY THE GOVERNIUE}.IT PBIMER, NAIROBI 223 TtilE CGUNTT BGUFIDAAffiS Btr"L*e016 FTTOT'CtAUSES Cla:,u'se PAHT I_PAMLITIffiN*MY I -$hsn fide. 2-ilnrcrpretstiorl. P*m,r s-Gounty bmudwies. 4--Cabimt secrctary to keep electmonic records. I Iff ydiation' PABTItrT- OT'C(}UFTilY B{}T'ITIDARYffi . 7-Eet&lisluffir,fi of a courrty borurdaries urediation somrnittgo. t- 8-Norm,imstion of rmernbers to the cofftrtrrittee. 9-Cosqrcefoim of ftrc"co$Irniffiee. l0-Rermvsl of a nrelnbcr of fte urediatiom cornrrittee. I I -Reslwprffiiom eu,d allowmces. Secrctariat. l2-Role of aMiation conrmithe. l3-Powers of &e comr*ittee. l4-Repon by &e Cormrittre. l5-Extenrion of tirmlims. , l6-Disoolmiom Gf a rnediation cormnittee. PANT ilV-ALM OT .COItrIt{TY BotllrwAnms l7-Fedtion for aftenmiom of dre boundariss of a county. I I - Submissist of a Pffiitiffi . 224 The County Boundaries Bill,2016 lg-Consideration of petition by special committee. z0-Recoiltmendation of special committee. /?l-Consideration of report of special committee by the t, Senate. zz-Consideration of report of special committee by the National Assembly. PART V-ESTABtTSHMENT, POVI{ERS AND TUNCTIONS OT AI{ II{DEPEhIDENT COTJNTY BOT]I\TDARIES COMMISSION z3-Establishment of a Commission. z4-Membership of the Commission. 25-Qualifications. 26-Functions of the commission. 27 -Power of the commission. 28-Conduct of business and affairs of a Commission. 29 of the Commission. -Independence 3O-Tenure of office. 3L -Remuneration and allowances. 3z-Oath of office. 33-Secretary to the Commission. 34 -Secretariat and other facilities. 3s-Removal from office. 36-Protection from personal liability. 37 -Liability of the Commission to damages. PART VI - INQI,,IRY AND REPORT OF THE COMMISSION 38-Inquiry by the Commission. 39-heliminary report on the proposed alteration of boundaries. 4D-Final report on the proposed alteration of boundaries. : 4l-Consideration of the final report by Parliament. The County Boundaries Bill,2016 225 PART VI-MISCELLANEOUS PROVISIONS 42-Regulations. 43-Time for presentation of a petition. 44-Taking into effect of the resolution. 45 - Consolidation of consideration of petitions. 46-Withdrawal of a petition. 47 - Offences and penalties. 48-Repeal of Cap. 1054. flRST SCIIEDULE: The boundaries of the counties in Kenya SECOND SCIIEDULE Requirements for a Petition THIRD SCIIEDITLE: Fotm of a Pctition FOITRTII SCffiDIILE: hovisions as to the conduct of the business atrairs of the Commission. FIFffI SCHEDT LE: Oath of office for members of a Commission The County Boundaries Billr 2016 - (This Bitt supercedcs the County Boandarlies 8i11,2015, Senate Bills No. 17 of 20!5) THE COIINTY BOUNTIARTES BrLL, 2016 A BiIl for AN ACT of Parlinmemt to prouide for c{amrty boundnrfoq to pnouide for I mechnnlsNm for the resolution of county boundary dicputrei to #ye effect to Artidi t8t of the Constitution hy providing for the procedune for tltsrsthil of county boundnrieq to provide for thf estahlishment of an inflependent county boundnrhs commission; eud for connoctcd purlxxrcs. ENACTED by the Parliament of Kenya, as follows- PART I-PN,EIIMINARY 1. This Act may be cited ns tho County Boundnries $hon title. Act,20l6. i, ?, [n this Actn unless the coffiext othenuise requires- Intcrprrctatiou. "affected county" mGang -:- (a) any county whose boundaries would be affected by a . proposed ,alteration of county boundaries contained in a petition; or _\ (b) any county ryhose boundaries are disputed; "county" means a county listd in the First Schdule to the Constitution; "boundary of a sounty" means the boundary of a county as set out in the First Schedule; "cabirret socretary'o ruean$ the cabinet socrntary for thc time being roffponsible for nrntters relating to sounty boundaries; "coumission" means an independent county boundaries comrnission established in accordancc with section 24:' "mediation commifice" means a county boundaries mediation committee established in accordance with section 7; : "mediation party" means a party that participates in a rrpdiation and urhose agreempnt is necess4ry to resolve the dispute; ) I, Thc County Boundarie$ Bill, 2016 "county exccutive commitEe rnembet'' mcans thc county exeqrtive committec member for the time being rcsponsibh for mrtt r. -t"tfo,g o tt" Uorndar,le* of tri reqpective county; 1 "petitioner's county' means the county in which r i petitioncr is a registered votcr; and l "qncial eomfirittee" rcans a special cornmittee established by a resolution of the Senate for the considcration of a petition. PART II - COU}TTY BOI,'IITDAruES 3. (I) Fursuant to Arecil 6 (l) of the Constitution, thc Saf:1-DouE no'' t€ritory of,Kenya is divided into the forty-seven comties specifiod in the First Schedule to tho Constitution., , (2) ThE boundaries of tlre countios aIE as set out in ttre First Sdoeile to qhis Act. 4. (l) The Cebfurct Secrctary shall keep, and shall 9"I*-tyl"".v .rpon rqiriet by ury perffm, rnaki available rn- oftoa"t" ffi.** electnonic recod of &e hndaries of ttre counties. ' (2) In kocping tlrc rcco[ds un&r subsection (l), the cabinct s6r€tey shell utilisc ttrc appropriate tcchnologh$ tscnsruc rccuratb identification of county boundaries. (3) Any pctson who udawfirlly intcrferes with thc records kept u[&f drie setion commits an offence and is Iieblc, upor conviction, u a firc of ttrvo million shillings or to frvc ycen itryrisurment or to bodr. 5. Subject b this Aet,-ildid; county boundery disputes may Rcsolutimor uc ,e*fvuO tttu,r* ttt p*es iuuiriso in Part ms m. 6. (t) The bmrndaries of a curnty rnay, in accordance Aler*imor with Artich 18S (I) of the Constitution, bsaltcred only by ffik".. aresohrtion- (a) reconmcndcd by an indepadent ernmrission set up fst &at pmposc by Parliarrcnt; and (b}pmsedby- (i) the Nationat Assembly, Oe support of at lcast two-trirds of all of",itt tlrc rnembcrs of the Assembly; and \ The County Boundaries Bill,2016 (ii) the Senate, with the support of, at least two- thirds of all the county delegations. (2) Pursuant to Article 188 (2) of the Constitution, the of a county may be altered to take into account lundaries (a) population density and demographic ffends; (b) physical and human infrastructure; (c) historical and cultural ties; (d) the cost of administration; (e) the views of the communities affected; (f) the objects of devolution of government; and G) geographical features. (3) The procedure for alteration of the boundaries of a county shall be as set out in this Act. PART III-RESOTUTION OF COUNTY BOT]NDARY DISPUTES 7. (1) The Senate may pas$ a resolution for the Establishment of a county boundarics establishment of a county boundaries mediation committee mediation upon - committee. (a) a request by the governor of any county whose boundary is disputed; or (b) the reconrmendation of the Senate, made under section 2l , for mediation as the means of resolving a boundary dispute. (2) A request under subsection (l) (a) strall be made to the Senato and shall be accompanied by- (a) evidcnce that notice was given to every governor of a county whose boundary is the subject of the dispute referred to in subsection (1); and (b) a description in writing identifying the specific disputed county boundary under the First Schedule. (3) The Senate shall consider a rcquest under subsection (2) within twenty-one days. E. Wherc a rpsolution has bepn made by the Senate for Nominatftmor the establishment of a mediation committee-under section 7 lffi* (l), the hesident shall within fourteen days of receipt of The County Boundaries Bill,2016 229 the resolution appoint a mediation committee, with the approval of the Senate. 9. (1) The mediation committee shall consist of - ffiffit": (a) a chairperson, who shall be an advocate of the High Court of Kenya with at least fifteen years experience in alternative dispute resolution; (b) one person from each of the affected counties; (c) two persons, one a man and one a woman, not resident in the affected county with experience in conflict management; and (d) a public officer nominated by the cabinet secretary, who shall be the secretary to the committee, and who shall- (i) be an ex-officio member; and (ii) not have a right to vote. (2) A person shall not qualfy for appointment under subsection (1) (a) and (b) if the person- . (a) has stood for an elective offrce in any of the affected counties in the last ten years; or - (b) has been a public officer in any of the affected counties. 10. A member of the mediation committee may be lm"?t;, removed from office only for- rnediation cornmittec' (a) gross violation of the Constitution or any other law; (b) gross misconduct, whether in the performance of the member's functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankuptcy. (2) Before removal under subsection (1), a member of the committee shall be- (a) informed in writing of the reasons for the intended removal; and The Coanty Bowndnries Bill,,2016 (b) grven an opportunity to put in a defence against any such allegations, either in person or through an advocate. (3) \Vhere a vacancy occurs in the membershlp of the mediation cornmittee under subsection (t), the President shall appoint ,a replacenrent in accordance with the procedure under sectisn 8. 11. Members of a rnediation committee shall be peid Remuneration amd allswrnces. such remuueration or allowflnces fls the oaftdnet sccretffry shall, on the advise of the Salaries and Remuneration Commission, determine .