A group of lawmakers has urged Governor Johnson Sakaja and Members of the Nairobi County Assembly (MCAs) to resolve their grievances through dialogue rather than plunge the capital into another impeachment battle, a move they warned could risk dragging Nairobi back to the era of the Nairobi Metropolitan Service (NMS).
Speaking in Nairobi on Thursday, the lawmakers, led by Mathare MP Antony Oluoch, Maureen Tabitha Mutinda, Embakasi West MP Mark Mwenje, and nominated Senator Karen Nyamu, commended President William Ruto and Raila Odinga for intervening to persuade MCAs to drop the motion.
They cautioned, however, that should MCAs revive impeachment calls, Nairobi could once again lag on development matters, forcing President Ruto to take measures similar to those of his predecessor, Uhuru Kenyatta.
“History has shown us, particularly with the impeachment of former Governor Mike Sonko, how such actions can destabilise a county for years. Nairobi was left under interim leadership and eventually the NMS, delaying meaningful development and disrupting service delivery,” said Oluoch.
“We now call upon the Governor and the MCAs to spend the next 60 days engaging in dialogue, addressing the issues raised, and working for the great people of the city. Governor, make it work,” Senator Mutinda urged.
The leaders warned against repeating the chaos that followed the impeachment of former Governor Mike Sonko, which left Nairobi under interim leadership and the Nairobi Metropolitan Service (NMS).
How Nairobi Can Return to the NMS Era
As it stands, should tensions in Nairobi escalate and mirror the situation during the tenure of former Governor Mike Sonko, President Ruto has the option of invoking the provisions of the Constitution to facilitate the transfer of certain key functions.
This would allow the national government to step in, just as former President Uhuru Kenyatta did in 2020 when Nairobi Metropolitan Services (NMS) was established.
The guiding legal framework for such a move is provided under Article 187 of the Constitution of Kenya, 2010, which governs the transfer of functions between the two levels of government.
The law stipulates that any function or power may be transferred if the receiving government is deemed better placed to perform it effectively, provided that such transfer is not prohibited by legislation.
Crucially, Article 187 requires that whenever a transfer occurs, the resources necessary to execute the function must also be transferred alongside the responsibility. This ensures that the receiving government has both the mandate and the means to deliver services effectively, minimising the risk of disruption or inefficiency.
The precedent set during the suspension of former Governor Mike Sonko, when key Nairobi County functions were transferred to the Nairobi Metropolitan Service (NMS), illustrates how these provisions can be applied in practice and the profound impact they can have on county leadership.
Meanwhile, the MPs emphasised that the 60-day window recently agreed upon between Governor Sakaja and the MCAs should be used to iron out their differences. They warned that Nairobi, as the face of Kenya, cannot afford to stall development over political brinkmanship.
