The dispute between the Nairobi county and national governments over the Deed of Transfer of functions has been assigned to the Intergovernmental Relations Technical Committee for resolution.
The assignment follows last month's notice of declaration of dispute by Governor Mike Sonko to Devolution Cabinet Secretary Eugene Wamalwa.
There has been a cold war between Sonko and director general of Nairobi Metropolitan Services Mohamed Badi who was tasked to operationalise the four transferred service functions.
The deed of transfer was signed at State House in February by the governor and Eugene in the presence of President Uhuru Kenyatta and Senate Speaker Kenneth Lusaka.
In April, Sonko claimed he was hoodwinked into signing the agreement, saying he never saw the draft document before appending his signature.
“I was not given sufficient time to even read the draft," he claimed.
Now, members of the IGRTC, who are barely a month in office, have to resolve the dispute.
The Constitution's Clause 9.2 on the deed of transfer provides that functions can only revert to the county administration by mutual written consent between the two levels of government.
Clause 11.2 requires the two parties to seek amicable solution to any dispute that may arise and in case of a deadlock, the matter is referred to the National and County Governments Coordinating Summit chaired by President Uhuru Kenyatta.
The IGRTC is the Summit's secretariat.
The differences between Sonko and Badi have escalated to the county assembly where the MCAs are divided on who to support. Speaker Beatrice Elachi leans towards the NMS boss.
Acting IGRTC chairperson John Burugu acknowledged there is a notice of declaration of dispute by the governor.
He said consultations with the Summit and Council of Governors were ongoing and the established legal framework and the Constitution would be followed.
“The process of resolving the declared dispute would be undertaken in a meticulous and procedural manner ensuring continued and uninterrupted service delivery to citizens of Nairobi,” he said without further comment.
The Star has established that the Attorney General is also involved in the dispute resolution process.
Sonko transferred four functions currently being implemented by NMS to the National Government.
He now wants to reclaim them through a revocation of the Deed of Transfer.
By seeking this revocation, he is seen as rolling the dice on his political fate as Nairobi residents appreciate the work the NMS has done in less than 200 days.
The residents will be keenly watching how the IGRTC will facilitate the resolution.
Nairobians want a functioning health and water services and transport systems as well as better housing, security and proper management of garbage collection.
- mwaniki fm
