By Frank Kamuntu
The Memorandum of Understanding (MoU) between Kenya and Uganda to jointly administer Migingo Island on Lake Victoria is unconstitutional, Kenyan Senators have said, despite the two countries having territorial disputes over the island.
“I want to remind cabinet secretary Foreign Affairs Ministry that it is high treason to surrender an inch of our territory to any other sovereign power. Surrendering Kenya’s sovereignty on Migingo to Uganda is violation of our constitutional provisions,” Bungoma Senator Moses Wetang’ula said.
The senators were reacting to reports that Cabinet Secretary Monica Juma oversaw the signing of the deal to enable Kenyan fishermen access “Ugandan waters.”
“Kenyans should know that these boundaries are shared by communities across the countries and we have to find a way to make them soft,” Juma was quoted as saying.
Wetang’ula sought a statement from the ministry, demanding to know whether the signing of the MoU was subjected to public participation and whether Parliament’s approval was sought or not.
He wants Juma to explain why the outcome of the Joint Survey of the Kenya and Uganda Boundary has never been made public.
The survey which was commissioned by former President Mwai Kibaki and Uganda’s Yoweri Museveni cost Sh490m.
We tango’s, a former Foreign Affairs minister, told the House that the joint survey together with all the existing colonial and post-colonial boundary data established that Migingo is part of Kenya.
“The committee should explain why Uganda police and lake marines travel over 200km from Entebbe to terrorise Kenyan fishermen on Migingo Island that is situated less than 10km from the Kenyan lake shoreline while security forces remain helpless,” Wetang’ula said.
Senators cited the maritime dispute with Somalia and South Sudan’s claim of Elemi Triangle in the North as some cases where the government has acted soft.
“Kenya is showing weakness on the Migingo issue. The conduct of the government shows that Kenya is finally ceding the island to Uganda,” Minority leader James Orengo said.
The Siaya senator served as Lands Minister between 2008 and 2013 and was a member of the joint survey team established by Kibaki and Museveni to demarcate the boundaries between the two countries.
He said colonial maps and all records submitted to the survey team showed the Island was in the Kenyan territory.
He accused the government of “acting soft and diplomatic” and failing to secure Kenya’s territory whenever the matter is raised.
“The comments by the Cabinet Secretary is proof that Kenya is ceding the island to a foreign power to administer the country’s territory. Kenya is pussyfooting and behaving diplomatic on a matter that was settled years ago,” Orengo said.
Makueni Senator Mutula Kilonzo Jnr asked lawmakers to draft a bill to operationalise Article 5 of the Constitution that will detail the extent of the Kenyan territory.
Johnson Sakaja (Nairobi) said issues of Kenya’s territorial integrity have been treated casually by successive governments, something he said had given Kenyan neighbours the impetus to demand more of the cuntry’s territory.
“Kenya has become a laughing stock of the region. Kenya may end up losing the case filed by Somalia in the International Criminal court of justice because of the casual manner in which we are handling these matters,” Sakaja said.
Sakaja called on President Uhuru Kenyatta to show his strength as the Commander-in-chief and protect the country’s territory.
“This is the time that Kenya needs its Commander-In-Chief to show up. President Kenyatta, show yourself and be strong. It should not be recorded that it was during your tenure when Kenya lost its territory,” Sakaja said.
