HANDOVER OF COUNTY FUNCTIONS

Under siege: Sonko surrenders Nairobi to Uhuru

Statement from State House noted that Sonko and CS Wamalwa signed an agreement.

In Summary

• Sonko handed  over functions of the Nairobi County Government to the National Government, pursuant to Article 187 of the Constitution.

• The signing of the agreement was also witnessed by the Speaker of the Senate, Hon. Kenneth Lusaka and the Attorney General Paul Kihara. 

President Uhuru Kenyatta and Senate Speaker Kenneth Lusaka look on as Nairobi Governor Mike Sonko and Devolution CS Eugene Wamalwa sign the agreement at State House, Nairobi on February 25, 2020.
President Uhuru Kenyatta and Senate Speaker Kenneth Lusaka look on as Nairobi Governor Mike Sonko and Devolution CS Eugene Wamalwa sign the agreement at State House, Nairobi on February 25, 2020.
Image: PSCU

Functions of Nairobi County Government have been handed over to the National Government.

A statement from State House on Tuesday noted that Sonko and Devolution CS Eugene Wamalwa signed an agreement.

Sonko handed over the functions of the County to the National Government, pursuant to Article 187 of the Constitution.

Nairobi Governor Mike Sonko and Devolution CS Eugene Wamalwa after they signed the agreement at State House, Nairobi on February 25, 2020.
Nairobi Governor Mike Sonko and Devolution CS Eugene Wamalwa after they signed the agreement at State House, Nairobi on February 25, 2020.
Image: PSCU
 
 

According to the Constitution, 1) 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:

(a) the function or power would be more effectively performed or exercised by the receiving government; and(b) 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. 

Nairobi Governor Mike Sonko signs the agreement at State House, Nairobi on February 25, 2020.
Nairobi Governor Mike Sonko signs the agreement at State House, Nairobi on February 25, 2020.
Image: PSCU

The National Government therefore, 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

State House said that 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," the statement read.

The move is in line with the proposals made under the BBI which was unveiled last year.

Under the BBI proposals, the National Government was set to carry out some functions in the city.

The report had proposed Nairobi be accorded a special status.

"However, such special Status should not impede on the right of the people to representation at the Ward and Constituency levels," the report reads.

Nairobi being the capital city houses all the arms of the Government and is also an International City being the third Global Headquarters of the United Nations.

The capital is also a major diplomatic hub as many nations have located their representatives to bodies like the United Nations Environmental Program in the city.

"To maintain its special status as a global UN Headquarter and meet its obligation towards the United Nations and other diplomatic missions," the report states.

Under the proposal, Nairobi will be handed massive investments in infrastructure that the formula of the Commission for Revenue Allocation cannot accommodate.


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