UPDATE: A Nairobi voter, Robbin Karani moved to court on Wednesday, February 26, seeking orders to bar transfer of some Nairobi County government functions to the national government.
The Nairobian argues that Sonko is not authorized to transfer the functions of Nairobi county
The move came a day after Nairobi Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with President Uhuru Kenyatta signed an agreement in which functions of the Nairobi County Government were handed to the National Government.
In a statement sent to newsrooms on February 25 by State House Spokesperson Kanze Dena, stated that the handing over was done in pursuant to Article 187 of the Constitution.
The signing of the agreement was witnessed by the Speaker of the Senate, Hon. Kenneth Lusaka and Attorney General, Paul Kihara.
The government will, henceforth, take over the functions of the Nairobi County Government including;
i) County Health services
ii) County Transport services
iii) County Public Works, Utilities and Ancillary services
iv) County Government Planning and Development
The hand over 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.
Article 187 of the Constitution below.
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.
(2) If a function or power is transferred from a government at one level to a government at the other level;
(a) 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
(b) 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.
