I think there are scenarios that can necessitate either party to the deed to seek the intervention of a court.
As to whether the entire transfer of the functions could have been defective, I think we have crossed that bridge.
There were some interested parties who moved to court about this matter and if the court pronounces itself that the entire transfer was a nullity then the deed can be brought to a close.
The governor, as one of the parties to the deed, is at liberty to move to court any time to challenge the deed if he has reason to believe that the deed was either defective or illegally signed.
When this matter is contested in court, both parties will make submissions and canvass the issue before a court of law which will then make a determination.
The courts can rule that the whole transfer of the functions was a nullity and send the parties back to square one or rule that the deeds were signed in accordance with the law.
There could be an argument that what one party plans to achieve or execute is way beyond the agreed deed.
This is because the deed stipulates the transferred functions between the two levels of governments and sets the parameters.
It is only within the law if both the parties stick to the parameters agreed on regarding the transferred functions so that either party is satisfied that the operations are within the law.
One of the issues I have seen is the aspect of the casual involvement of the County Assembly in the process of the transfer of the functions between the county government of Nairobi and the National government.
The county assembly must be consulted and allowed to debate and appreciate the issue.
The Assembly must be allowed to give its verdict because it is the one that represents mwananchi and oversights the county executive.
The county assembly cannot be an institution that is just informed of such matters that are so weighty as to the surrender of functions.
This is an aspect that should be looked into and the law amended to give the county assemblies mandate.
The lawyer spoke to the Star.
