By Chris Ojow
It is now official and on paper, the National
Government fronted by the Head of State
Uhuru Muigai Kenyatta has taken over
the running and service delivery of the Capital
City of Kenya.
The legal delicate balancing move has resulted
into uproar, where legal minds within the
Country has supported and in equal
measure faulted the National Government for
making a great move but failed to adhere to the
legal procedure, the law .
“As the Chickens come home to roast” the
Nairobi County Assembly elected and
nominated honorable Members should hold
their intended impeachment process and focus
on other issues of service delivery in
supporting the National Government, since the
embattled Nairobi County Governor Mike Sonko
by signing the documents surrendering the
County operations at State House Nairobi to
hand over the running of the County services to
the National Government, resigned indirectly.
The honorable move, wise, legally and the best
option Mike Sonko should offer to Nairobi
County residents is to officially call a press
briefing during the day and officially announce
his resignation from being the Governor of
Nairobi County to allow legal procedure be
adhered to.
The Nairobi County Governor on several
occasions has been accused of running the
functions of the Capital City single handedly
and intentionally, deliberately refused to appoint
his Deputy Governor after the resignation of
Igathe.
The elected Nairobi County Assembly
Representatives also on several occasions
accused the embattled Governor who was
recently arrested and charged at Anti
Corruption Court with various counts of
economic crimes for being incompetent .
Kenyan law Analysts from different fields has
faulted the Country Attorney General for
misadvising the head of State in a noble cause,
where it is alleged that the process of handing
over the Nairobi County operations to the
National Government was breached.
Public participation enshrined in the new 2010
Constitution was cited as breached and a great
blunder, since the Senate, County Assembly
Members and Council of Governors were
deliberately ignored and even during the signing
the Senate Speaker Ken Lusaka presence was
questioned in line with the law.
The National Government while taking over the
running and service delivery of Nairobi County
Government will specifically offer quality
services of Health, public Services, planning and
Transport.
Article 187 of the Constitution talks of
transferring services to the National
Government and not from the Governor to the
National Government , therefore the latest
transfer of Nairobi County operations to the
National government by Governor Sonko should
have been done in a legal manner, to avoid
Constitutional challenges within the Country
Constitutional Courts, where busy bodies are now waiting
to gain relevance on little misunderstanding of the
law .
Therefore the Nairobi County Residents in few
days should expect the appointed chief Cabinet
Secretary being mandated to run the County
affairs or a committee of experts being in
charge to offer quality services to the Capital
City environ.
The recent appointment /nomination of the
Female Deputy Governor by Mike Sonko who
was charged with corruption, was faulted by
legal experts and even challenged within the
corridors of justice by the State , where the
return of normalcy and service delivery to
Nairobi County environ was proving to be a
Pipedream.
Forcing the National Government through the
Head of State to intervene by taking over the
runnings in a bid to offer starved Capital City
residents their deserved service delivery in line with
the law before hell coming on earth.
Article 192 of the new Constitution of Kenya,
state clearly that the President of Kenya, Uhuru
Muigai Kenyatta may suspend a county
Government, during an emergency or in
exceptional circumstances.
And during the take over or suspension,
arrangement shall be made for the performance
of the functions of the County Government in
accordance with an act of Parliament.
And the senate may at any time suspend the
take over or the suspension of the County
operations or running and it shall not extend to
a period of ninety days, if it extends, an election
of the office holders shall be held in line with
the 2010 new Constitution of the Republic of
Kenya.
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