Nairobi County Surrendered to the National Government

Functions of the Nairobi County Government have been handed over to the National Government pursuant to Article 187 of the Constitution.

President Uhuru Kenyatta and Senate Speaker Kenneth Lusaka look on as Nairobi Governor Mike Sonko and Devolution CS Eugene Wamalwa sign the agreement at State House, Nairobi on February 25, 2020. Image: PSCU

Functions of the Nairobi County Government have been handed over to the National Government pursuant to Article 187 of the Constitution.

In a landmark agreement signed at State House, Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with  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.

Sonko,  is facing a KSh380-million graft case.

According to the Constitution, 1) 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 signing of the agreement was also witnessed by the Speaker of the Senate, Hon. Kenneth Lusaka and Attorney General Paul Kihara.

The functions include county health services, transport services, county public works, utilities, and ancillary services as well as county government planning and development.

“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,” said a statement from State House spokesperson Kanze Dena-Mararo.

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In a special Gazette Notice by the Devolution Cabinet Secretary Eugene Wamalwa, the transfer of key functions of the Nairobi County to the National Government will be effective in 21 days.

“This deed of transfer shall become effective 21 days from the date of execution and shall remain in force for an initial renewable period of two years from the date of execution,” CS Wamalwa said in the gazette notice dated February 25.

The notice further indicated that the Nairobi County Assembly will be notified with public participation being followed.

 “Shall be notified to the Nairobi County Assembly pursuant to Section 26(5) of the Inter-governmental Relations Act and shall in the meantime be subjected to public participation”.

The section states that: (5) A county assembly shall be notified of the decision to transfer a county government power, function or competency.

During the period, the Kenya Revenue Authority (KRA) will oversee the collection of billions in revenue generated by the Consolidated Fund and the County Revenue Fund.

“The parties will harmonise the relevant sector performance contracts and service delivery indicators, as adopted by the respective governments and relevant departments,” CS Wamalwa said.