•Ad hoc committee of 12 members to be formed to look intensively into the deed of agreement between the county and national government
Image: MAUREEN KINYANJUI
A sigh of relief to Nairobi County MCAs as it has emerged that they will still have the power to oversight the key four dockets that were handed over to the National Government.
As highlighted in the gazette notice which will be effective as from March 25, 2020, the County Assembly and National Government will be required to form joint committees to ensure the effective running of the four departments.
The notice came on Tuesday as Embattled Nairobi Governor and Devolution CS Eugene Wamalwa signed the deed.
With the National Government set to take over Transport, Health, Planning and Public works, the city ward reps expressed concern on how they will carry out its over sighting role.
“Pursuant to Article 189(2) of the Constitution, National Parliament and the Nairobi City County Assembly may form joint committees for the better performance of this agreement,” reads the notice.
The County Assembly Speaker Beatrice Elachi on Thursday told the MCAs to be prepared for expanded roles as far as engagement with the National Government in implementation of the functions is concerned.
She read Article 187 (2) (b) of the Constitution which provides “Constitutional responsibility for the performance of the functions on the exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule
“The role of the County Assembly to oversight the implementation of the said functions has not been taken away. I’m sure the relevant state agencies will be providing further clarity on this precedent-setting matter,” Elachi said.
Image: MAUREEN KINYANJUI
The Speaker went ahead and committed the Deed of Transfer of functions to an Ad hoc committee that will be established to undertake and report back to the house.
She requested the whips from both sides of the house to table the names of the members belonging to that committee next week Tuesday, March 4, 2020.
The committee will comprise the Speaker as the chairperson, Majority Leader (Vice-chair), Minority leader, Both Whips, six MCAs from Jubilee and five MCAs from NASA coalition.
The committee will have 24 days from the date of its establishment to study the deed and unpack its contents and propose areas that enquire legislation either by Senate or assembly
Also, it will look into the impact of the transfer of functions on the budget-making process for FY 2020-21 since the processed had already commenced in the assembly and the role of the assembly in terms of implementations
However, as directed by Elachi, the said committee should engage all stakeholders thus the Acting County Secretary, State law office, Commission on Revenue Allocation, Senate and Ministry of Devolution.
Looking further into the deed, it will be the mandate of the National Government to table an annual report before both houses; County Assembly and National Assembly.
The report will highlight how far the implementation of the agreement has been achieved.
“The National Government and the Nairobi County Government may enter into sector specific-level agreements and or memoranda of understanding to guide and achieve better performance of this agreement,” reads the notice.