Red flag raised on cross-county wrangles over shared resources

The second phase of devolution has reignited simmering disputes over resources, with several counties caught up in wrangles over geographic boundaries, taxation and natural wealth.

And now the national government has raised the red flag on the matter, saying these disagreements, some of which have turned bloody, should be resolved urgently through engagement and consultation.

Nearly half of the 47 counties are wrangling over cross-border resources valued at hundreds of billions of shillings.

BUREAUCRATS

Many leaders have raised concern on the adverse effects these wrangles are having on devolution and have called for amicable resolution, apart from legal action.

On Wednesday, Devolution Cabinet Secretary Eugene Wamalwa and his Water counterpart, Mr Simon Chelugui, said these wrangles could adversely affect devolution.

Mr Wamalwa called for resolution of cross-county conflicts on revenue sharing, human resources and management, roles that were previously carried out by bureaucrats at the national level.

CONSULTATION

“We are likely to see more of these clashes unless there is a workable framework for engagement and further consultation,” Mr Wamalwa said. He asked counties to form regional economic blocs where these disputes can be resolved.

“The national government is developing a policy on economic blocs. We are optimistic that such blocs will resolve the current resource wars between devolved units,” he said at a meeting attended by Ukambani governors to discuss Nolturesh Water Supply project.

Counties embroiled in cross-border tussles include Meru and Isiolo, over administrative boundaries.

AUTONOMY

The matter resurfaced late last month after Meru Governor Kiraitu Murungi visited disputed areas such as Kiwanja and Epiding, drawing sharp criticism from Isiolo leaders.

Meru also has a border dispute with neighbouring Tharaka-Nithi County, while Nandi and Kisumu counties are wrangling over a boundary.

Nairobi and Murang’a counties are yet to agree on sharing of water from Ndakaini Dam, leading to intervention by the Council of Governors and the Devolution ministry. Murang’a Governor Mwangi wa Iria is, meanwhile, being accused of impeding the autonomy of water companies and rolling back the gains of the Water Act.

INEQUALITIES

The Water Act 2002 was replaced by the Water Act 2016, which gave county governments the mandate to provide water and sanitation services.

On Wednesday, governors Kivutha Kibwana (Makueni), Joseph ole Lenku (Kajiado) and Alfred Mutua (Machakos), who was represented by his deputy, Mr Francis Maliti, made a pact on sharing of water from Nolturesh pipeline.

But before they could reach the agreement proposed by Water CS Simon Chelugui, Mr Lenku made a compelling case on injustices and inequalities on water provision in his county.

He said he had toured the Nolturesh water pipeline from Sultan Hamud and was shocked to see how water has been diverted to the disadvantage of ordinary people.

CLOSURE

People from Makueni and Kajiado have been accused of sabotaging water supply in the two counties and sabotaging the main pipeline that runs from the base of Mt Kilimanjaro to Mavoko, redirecting almost 80 per cent of the water for personal use and irrigation.

Consequently, the Nolturesh/Loitokitok Bulk Water and Sewerage Company (Nowalsco) is facing closure due to losses and debts.

“Pertinent issues on water use must be addressed properly, not just on paper. Unless we are in this together, injustices will continue,” said Governor Lenku.

TARIFFS

He added: “The Maasai are no longer pastoralists. They are trying a hand at farming. They need adequate water supply.”

CS Chelugui called for reconstitution of the ownership of Nolwasco and the setting up of new tariff structures.

He said water services are being affected by misunderstandings on the legal and institutional mandates assigned by the Constitution and other statutes.