National Government takes charge of Nairobi County
The functions of the Nairobi County Government will now be officially taken over by the National Government following an agreement signed on Tuesday at State House, Nairobi.
According to a statement from State House, the land mark agreement signed by Governor Mike Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with President Uhuru Kenyatta was made in line with Article 187 of the Constitution.
Article 187 (1) of the Constitution stipulates that “a function or power of government at one level may be transferred to a government at the other level by agreement between the governments if the function or power would be more effectively performed or exercised by the receiving government; and if the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.”
The signing of the agreement was also witnessed by the Speaker of the Senate Kenneth Lusaka and the Attorney General Paul Kihara.
The statement issued by State House Spokesperson Kanze Dena indicated that the National Government will take over the following functions of the Nairobi County Government:
i) County Health services
ii) County Transport services
iii) County Public Works, Utilities and Ancillary services
iv) County Government Planning and Development
“This will ensure Nairobi residents receive services efficiently. The move comes as a breakthrough in the running of county services that had ground to a halt,” reads the statement.
According to Article 187 (2) of the Constitution, following such an agreement, arrangements will be made to ensure that all resources required for the running of the functions handed over are transferred to the National Government.
“If a function or power is transferred from a government at one level to a government at the other level, arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred,” states Article 187 (2).
The move by the National Government to take charge of the City leaves troubled Mike Sonko in a quagmire considering he is battling a corruption case in court while an impeachment motion against him is gathering steam in the Nairobi County Assembly.
Meanwhile, Nairobi County Assembly Speaker Beatrice Elachi has given Sonko until Monday 10am to submit a response to the allegations raised against him in the impeachment motion.
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