Senate probes controversial take over of Nairobi functions

The Senate has launched an inquiry into the controversial takeover of key functions of Nairobi County by the National Government.

Deputy Speaker Kithure Kindiki directed two house committees to immediately invite all the state officials involved in executing to deal to shed light on the matter.

Kindiki ordered Devolution and Intergovernmental Committee and Justice and Legal Affairs Committee to summon Attorney General Paul Kihara, Devolution CS Eugene Wamalwa, Council of Governors chairman Wycliffe Oparanya and Governor Mike Sonko among other relevant officers to explain the deal.

The committees shall also hold public participation meetings within the city before filing an interim report within 21 days.

The Deputy Speaker gave the directives after a four-hour extensive debate on the floor on the move that shocked the nation.

Majority leader Kipchumba Murkomen sought an adjourned of the house proceedings to discuss the incidence that saw Nairobi surrender four of key roles to the National Government.

While the majority of the senators welcomed the transfer of functions, terming it “a last resort and a lesser evil” to fix myriads of problems facing city residents, others held the move is it was a coup and amounts to a violation of the constitution.

Murkomen, who led  Senators who opposed the move, said it was a total affront to the people of Kenya which was conducted in an entirely opaque manner with no reference whatsoever to the public and in particular to the people of Nairobi City County.

He termed the move as a complete claw-back on the principle of public participation that is so dearly held by Kenyans at large. 

On February 25, the statehouse announced that functions of Nairobi County Government had been handed over to the National Government.

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

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.

But Murkomen said total lack of observance of section 29 of the Intergovernmental Relations Act, 2012, which specifically provides for public participation in the process of transfer of functions or powers from one level of government to another was more worrying.

“Pursuant to section 29 of the Intergovernmental Relations Act, 2012, it would have been expected that public participation would have been carried out prior to the execution of the Agreement,” he said.

“However, this was not the case.  Article 10.1 and 10.2 of the Agreement appear to be an attempt on the part of the parties to sanitize an already flawed process,”

He faulted the county and national government of denying the public the opportunity to decide, at the outset, whether or not the functions of the County Government should be transferred to the National Government.

But his Minority counterpart James Orengo, while poking holes in the existing laws that provide transfer of functions, supported the decision saying it will rescue the city that was fast sinking.

“What is the status of the city government of Nairobi? It is dysfunctional right from the beginning. How did we get here? This is the only county that does not have a deputy governor. In the constitutional arrangement and structure, that position is a constitutional requirement,” Orengo said.

The Siaya senator added, “Nairobi has no executive committee to talk about because they come and go. As we speak now, there is a substantial finance officer in charge of finance.”