Senate orders public inquiry on city takeover

The Senate has launched a public inquiry into the controversial takeover of key functions of Nairobi County by the national government.

Deputy Speaker Kithure Kindiki yesterday directed the House Committee on Devolution and Intergovernmental Relations and that of Justice, Legal Affairs and Human Rights to consider the matter and report to the Senate in 21 days.

Kindiki also asked Devolution CS Eugene Wamalwa, Attorney General Kihara Kariuki and the Council of Governors (COG) to shed light on the matter.

The Deputy Speaker told the committees to look at the constitutional and statutory gaps and make proposals on the unprecedented issue.

“I direct that the committees hold public hearings and file an interim report in 21 days,” he said.

“The hearings shall be within Nairobi County.  However, to cut costs, the two committees should issue a detailed report in 60 days,” he added.

Earlier, in a five-hour debate, opinion was divided among senators on the legality of the takeover.

While majority welcomed the move, which they termed as a last resort and “a lesser evil” to solve to the plight of the people of Nairobi who are suffering due to a lack of service delivery, others held that the decision was politically convenient and follows a wrong path.

Majority Leader Kipchumba Murkomen said what was witnessed at State House in the form of the deed executed by Governor Sonko does not comply with Article 187 and Part III of the Intergovernmental Relations Act.

Murkomen said the execution of the deed was a unilateral decision that does not appear to have been taken by the County Government. 

“The purported execution of the Deed by Governor Sonko is, therefore, not an act that speaks for and represents the wishes of the people of Nairobi,” the senator said.

“In this regard, it is therefore unconstitutional and illegal for non-compliance with the law,” he added.

Murkomen termed the move a total affront to the people of Kenya, conducted in an entirely opaque manner and with no reference whatsoever to the public.

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

Even more worrying, he said, is the 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.

“To say that the agreement contravenes the provisions of the Constitution and the law with respect to public participation is an understatement. It is a total ambush on the people of Kenya and in particular, the residents of Nairobi City County,” he held.

According to the Constitution and pursuant to the provisions of section 26(3)(b)&26(5) of the Intergovernmental Relations Act, the public should be at the centre of determining questions relating to a proposed transfer of functions from one level of government to another.

But seconding the motion, Minority leader Senator James Orengo supported the move saying the City was dysfunctional right from the beginning. 

“How did we get here?” Orengo asked. “We are talking about a county that has no executive committee to talk about because they come and go,” he added. 

“As we speak now, there is no substantial finance officer in charge of finance,” he added.

The senator lamented that Nairobi City County was the only one that does not have a deputy governor. 

He noted in the constitutional arrangement and structure, that position is a constitutional requirement. “In fact the constitution requires that the DG is the deputy chief executive officer of the county government”.

But according to Nairobi Senator Johnstone Sakaja, who revealed he was consulted by both levels of Government, the transfer was a move of last resort.

Sakaja said over a period of time the state of affairs in Nairobi County had continued to deteriorate and residents continued to suffer.

According to him, the governor had been unable to perform his duties due to the charges Sonko faces in court.

“There is no Deputy Governor and the nominee of the Governor has been blocked by the Anti-Corruption Court. This indeed had left very few options open,” said Sakaja.