Sonko loses control of City as government takes over services
By Eric Wainaina and Mercy Mwai
The national government yesterday made good its threats and took control of key services at the Nairobi City County in a move that clips the powers of besieged Governor Mike Sonko who is facing corruption charges.
In an unprecedented move since the creation of county governments by the 2010 Constitution, State House last evening announced it will take over County Health, Transport, Public Works, Utilities and Ancillary services as well as County Government Planning and Development.
A statement signed by State House Spokesperson Kanze Dena said: “Functions of Nairobi County Government handed over to the National Government pursuant to Article 187 of the Constitution.”
People Daily learned that Sonko was summoned to State House yesterday and was supposed to arrive at 6am “over an agenda which had not been disclosed to him”. However, the county chief who drove to State House in just one car and without his security detail is reported to have arrived at around 8am through Gate D.
But President Uhuru Kenyatta, who was taking his German counterpart Frank-Walter Steinmeier to lay a foundation stone for the expansion of Kiambu Institute of Science and Technology, left State House almost at the same hour, using the main gate. This means the two did not meet in the morning.
“Very few people were aware that he had been summoned and he was not privy to the subject,” a source said.
At State House, Sonko found Senate Speaker Ken Lusaka with Cabinet secretary for Devolution Eugene Wamalwa and his Tourism counterpart Najib Balala, among other senior government officials who are members of the Nairobi Regeneration team.
With President Uhuru’s absence, Sonko was ushered into a meeting which, according to sources, lasted from 11am to 4pm, after which the signing of the takeover agreement was witnessed by the President, Head of Public Service Joseph Kinyua and Attoney General Paul Kihara.
“It’s during the meeting that a decision was made to have some of the key functions taken over by the National Government,” our source said.
Last evening, State House said the takeover was done in line with Article 187 of the Constitution which allows transfer of duties from one level of government to another through an agreement signed between the two.
The article says that powers can be transferred if the functions would be more effectively performed or exercised by the receiving government as well as the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.
Reads the article: “If a function or power is transferred from a government at one level to a government at the other level, arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth schedule.”
The State House spokesperson said, “the move comes as a breakthrough in the running of county services that had ground to a halt”. She said the decision to take over City Hall’s functions will ensure Nairobi residents receive services efficiently.
Sonko’s problems at City Hall have recently been compounded by a High Court decision barring him from accessing his office until a graft case he is facing is heard and determined. Moreover the county chief is facing an impeachment motion brought by Minority Whip Peter Imwatok, the Makongeni Ward MCA.
The governor, who has operated for about two years without a deputy since the resignation of Polycarp Igathe, recently nominated Ann Mwendwa, the County Executive Committee Member for Disaster Management, as the nominee deputy.
Mwendwa is yet to be vetted by the County Assembly as required by law and presently, the executive is operating in a vacuum that could plunge the Capital City into a constitutional crisis.
In the impeachment motion, MCAs have charged the flamboyant governor with 10 counts relating to gross misconduct and abuse of office, citing cases of irregular award of tenders amounting to billions of shillings, fraud, causing disrepute to the office by behaving badly and lack of capacity to lead the county.
Sonko is also in trouble over a Sh1.7 billion AAR Insurance cover for Nairobi County staff which, according to Imwatok, was awarded irregularly.
