NAIROBI, Kenya Nov 11 – A lawmaker is seeking to amend the constitution to increase the number of counties from the current 47 to 52 devolved units through a referendum.
The bill sponsored by Kuria East Member of Parliament Marwa Maisori seeks to amend Article 98 of the Constitution to include the five additional counties which he says will solve the perennial ethnic antagonism and divisive elections.
The five additional counties include Kuria, Teso, Mount Elgon, East Pokot and Mwingi which he is pushing to be conducted by the Independent Electoral and Boundaries Commission (IEBC) six months after approval of the bill.
In his bill, Maisori argues that the amendments will help minorities manage their own resources as
“The amendment shall ensure that the objects of devolution are realized and that the rights of minorities and the marginalized are promoted and protected,” the bill read in part.
If approved, it will see Kuria County delimited from the existing Migori County, Teso County from the existing Busia County, Mount Elgon County from the existing Bungoma and Trans Nzoia Counties.
The Constitution of Kenya (Amendment) Bill, 2022 also seeks to delimit East Pokot County from the existing Baringo and West Pokot Counties; and Mwingi County from the existing Kitui County.
If the constitutional amendment passes, it will see an increase in the number of county women representatives and senators from 47 to 52.
“In delimiting the boundaries of the additional counties, the Commission shall— (a) consult all interested parties; (b) take into account community of interest, historical, economic and cultural ties; and (c) ensure that each additional county comprises at least two constituencies,” the bill read in part.
For the bill to be introduced in the house it must receive goodwill by obtaining signatures in support from more than 50 legislators.
If the bill passes by receives support of more than two thirds of the legislators by the National Assembly, it shall be forwarded to the Senate for concurrence.
Once it sails through in the bicameral house,it will be forwarded to the 47 county assemblies where it will be required to receive a nod from at least 24 counties.
After passing the threshold from the county assemblies it will be forwarded the Bill to voters to make the final decision at a referendum expected to be scheduled soon by the Independent Electoral and Boundaries Commission (IEBC).
The last quest to institute changes in the constitution through the Building Bridges Initiative flopped after the Supreme Court termed the process unconstitutional.
In a majority judgment, the Supreme Court, whose ruling is final, upheld a finding by the lower courts that retired President Uhuru Kenyatta initiated the changes through a constitutional provision exclusively reserved for ordinary citizens.
If the BBI amendments had succeeded, they would have led to the creation of 70 new parliamentary constituencies and establish several powerful new posts such as those of a prime minister, two deputies and an official leader of the parliamentary opposition.
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