The national government has taken over the functions of Nairobi County Government effective Tuesday evening.
Besieged governor Mike Sonko signed off the management of the county to Devolution CS Eugene Wamalwa at an impromptu event at State House, Nairobi. The event was witnessed by President Uhuru Kenyatta, Senate Speaker Kenneth Lusaka and Attorney General Paul Kihara.
“In a landmark agreement signed at State House today, Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with H.E President Uhuru Kenyatta, signed an agreement, handing over functions of the Nairobi County Government to the National Government, pursuant to Article 187 of the Constitution,” said a statement from Kanze Dena, the State House spokesperson.
Under the agreement, the national government will take over County Health services, County Transport services, County Public Works, Utilities and Ancillary services and County Government Planning and Development functions.
Governor Sonko is staring at an impeachment motion after he was charged with corruption. Mr Sonko’s is alleged to have embezzled more than Sh357 million from the county government.
He was later released on a Sh30million bond but was barred from accessing his office for the duration of the trial. This caused uncertainty at the county government over its leadership, since Mr Sonko was operating without a deputy governor.
Article 187 of the constitution provides 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 (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 constitution adds: “If a function or power is transferred from a government at one level to a government at the other level–(a) 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; and (b) constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule.”
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