Devolution and minerals behind escalating community conflicts

Devolution has reignited simmering disputes over resources, where several counties are caught up in rows over boundaries, taxation and natural wealth.

In Central Kenya, Nyandarua and Laikipia are feuding over taxation in the commercial hub of Nyahururu town.

In Nyanza, the taxation battle between Kisii and Nyamira counties in Mwabundusi Scheme and Keroka has been temporarily silenced by a revenue sharing agreement pending a formal resolution.

At the Coast, the Independent Electoral and Boundaries Commission (IEBC) has been called to arbitrate between Taita-Taveta and Kwale counties over control of Makinon Road township along the Nairobi-Mombasa highway.

Experts say discovery of natural resources has contributed to these claims and counterclaims. Newly discovered oil, coal and other mineral resources promise drastic transformations of economic fortunes, hence the race to stake a claim.

“New narratives about historical and ancestral claims are being invented to lay claim to these lucrative sources of capital. Some are using violence to enforce their narratives and elbow potential rivals out of the way in anticipation of the coming windfall,” says natural resources management scholar Mwenda Makathimo.

Makathimo is a former Interim Independent Boundaries Commission (IIBC) commissioner and director of the Land Development and Governance Institute (LDGI).

LDGI has released a report urging the Government to expedite enactment of the Community Land Bill, which provides for community land boards that will ensure community economic interests are not sidestepped for commercial and political interests.

Former Ndaragwa MP Jeremiah Kioni has petitioned the Senate to begin relocating Nyahururu town in Laikipia County to Nyandarua County. Kioni argues the bulk of Nyahururu town residents are from Nyandarua County, and their properties and other investments generate more than Sh100 million a year in taxes for Laikipia County.

The petition seen by The Standard on Sunday also cites the fact that the bulk of key public amenities and facilities meant for Nyandarua County are located in Nyahururu town. These include county security headquarters, health, education and administrative facilities.

The petition that is likely to trigger a political firestorm says Nyahururu - formerly known as Thomson Falls - was the headquarters of Nyandarua District in the defunct Central Province since independence.

When boundaries were altered in 1992, it was placed in Laikipia District of former Rift Valley Province.

Reverting to pre-1992 boundaries, and putting Nyahururu back in Nyandarua County, would result in drastic social-economic shifts, with political and demographic implications on both sides of the disputed boundary, but which Kioni says are necessary and inevitable.

Voting blocs

Politicians likely to be affected by shifting voting blocs on either side of the are likely to support or oppose the petition depending on how it impacts their fortunes.

“The petitioner prays that Parliament expeditiously forms an independent commission to investigate the boundary dispute between Laikipia and Nyandarua counties aimed at considering altering the said boundary and placing Nyahururu Town in Nyandarua County...in any case establishing the boundaries in their pre-1992 positions...” says the petition received at the Senate Clerk’s office on October17.

The second request in the petition reads in part: “That the Senate develops a timely mechanism for involvement of relevant stakeholders in arriving at the decision including residents of Nyahururu Town, Nyandarua and Laikipia counties, the IEBC, the Commission for Revenue Allocation and the Controller of Budget.”

Article 188 of the Constitution provides for alteration of county boundaries with the approval by Parliament and based on population trends, cultural and geographical factors, among others.

Kioni says resolution of clan, community county boundaries is key to resolving divisive and disruptive conflicts that have hit several regions of Kenya. Unresolved boundaries have historically been exploited by competing political interests keen on passing themselves off as champions of unresolved grievances, he adds. “Communities have always disputed over pasture and water, but devolution has changed many variables. The problem is compounded by the discovery of mineral deposits, and the resources allocated to devolved units. Boundary disputes can longer be taken for granted; they are key in conflicts resolution,” he says.

Political competition

“The Government should identify potentially volatile situations and resolve the disputes before the next electioneering season, when political competition may escalate matters. Politicians have in the past exploited such rows to alter voting in their favour.”

Mwenda Njoka, spokesman for the Ministry of Interior and Coordination of National Government, says the Government has asked the Directorate of Surveys, IEBC and local leadership to resolve conflicts rooted in resource sharing and boundaries.

“Conflicts rooted in resource sharing have become more pronounced with the advent of county governments, as each scrambles to have as many resources within their jurisdictions as possible. This has created a great challenge for the National Government, which is mandated to ensure peace, security and stability across the country. Belligerence among the county leadership in some areas has also contributed to this sad state of affairs,” Njoka said in an interview.

“The government is holding meetings with governors, senators, MPs and grassroots leadership in the counties while the Directorate of Surveys, IEBC and other bodies have been roped in to ensure that border issues are resolved once and for all.”