Court battles loom as boundary review fails to please all

• Leaders, residents say they will seek legal redress over split of constituencies, movement of resources and names of wards, which could delay elections

Disagreements over the new constituencies and their boundaries could lead to protracted court battles if issues raised by various groups are not addressed.

Politicians from parts of Nyanza, Rift Valley, Central Kenya and North Eastern have vowed to contest the boundaries in court if the Independent Electoral and Boundaries Commission fails to address their grievances.

The issues raised concern distribution of wards, marking of boundaries, demand for split of certain constituencies, “ownership” of resources and the names of the new electoral units.

However, leaders in constituencies such as Matungu and Amagoro in Western Province, and Kasipul Kabondo, Rangwe and Karachuonyo in Homa Bay county have agreed on the boundaries.

But leaders from Subukia, Kieni, North Mugirango-Borabu, Kinangop, Kitutu Masaba, Central Imenti, Bomachoge and Wajir South have rejected the IEBC proposals and vowed to contest them in court. (READ: Lobby seeks review of proposed electoral units)

“We are deeply aggrieved,” said nominated MP Mohammed Affey over the IEBC’s failure to split Wajir South constituency into two as residents had proposed. They had suggested the division of the area to create Habaswein constituency.

“If we our views are not respected, we will mobilise Parliament to reject the report or move to the High Court to contest the review,” he told the Sunday Nation. “At 24,000 square kilometres, we are the largest constituency in North Eastern Province and share the longest boundary with Somalia.”

For the past two weeks, discussions around the boundaries have been highly charged, indicating constituency delimitation will be one of the IEBC’s most challenging hurdles as it prepares for the next elections. It is worth noting that elections must be held with the 80 new constituencies in place.

Seek consensus

Ms Lilian Mahiri-Zaja, the IEBC vice-chairperson, said the review will not satisfy everybody and encouraged leaders to seek consensus before rushing to court.

“It is their constitutional right to go to court to ensure that their right to fair representation is protected but leaders should avoid protracted court battles by first seeking a compromise,” she told the Sunday Nation.

For the commission, the review is a delicate balancing act of competing interests. Ms Zaja cited the protracted border conflict between the Turkana and Pokot as well as ownership disputes over the Turkwel water project.

The Turkana have staked claim to the land around River Turkwel.

In Subukia, local politician Mbogo Kariuki has also threatened court action if views from residents are not accommodated. The contention is over the position of Waseges location.

Members of the Kalenjin community want the location to remain in Rongai while those from the Kikuyu community want it to be part of Subukia. The IEBC has proposed Waseges be a part of Rongai.

And in Central province, Kieni MP Nemesyus Warugongo has declared that he will seek court redress if his constituency is not split. Mr Warugongo says that residents wanted the constituency split into Kieni East and Kieni West. Kieni constitutes 52 per cent of Nyeri county.

“We are larger than Tetu, Othaya, Mathira, Mukurwe-ini and Nyeri Town constituencies combined. With a population of 175,812 we are also very many. I do not see equity. We are going to fight for this in court,” says Mr Warugongo.

Mr Stephen Kinyanjui, a Kinangop politician and businessman, says he will move to court to block proposals to hive off four wards from Kinangop to the neighbouring Kipipiri, which is represented by Transport minister Amos Kimunya.