Nairobi Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa signed an agreement- a deed of transfer of duties from the county government to the national government on Tuesday, February 25, at State House, with President Uhuru Kenyatta and Attorney-General Paul Kihara as witnesses to the deal.
According to a special Kenya Gazette notice released on Tuesday, February 25, the deal will see the Devolution CS take charge of the key functions embattled Governor Sonko surrendered to President Uhuru Kenyatta's administration.
Sonko unequivocally transferred health, transport, planning and development services and public works, utilities and ancillary services.
According to the deed of transfer, the agreement shall become effective 21 days from the date of execution and shall remain in force for an initial renewable period of 24 months from the date of execution. This means that the parties shall review the performance of the transferred functions annually.
They will also table an annual report tabled before Parliament and the Nairobi City County Assembly. The deal may only be terminated by the mutual written consent of both parties expressed in a common document.
In the agreement, the County Government o Nairobi shall ensure that the transferred functions are fully funded from the county revenue fund, though the national government can finance projects from the consolidated fund.
"The level of funding for each transferred function shall be determined by the national government in consultation with the county government, but in any case, the budgetary allocation shall not be less than the amount last appropriated by the County Assembly in the preceding financial year," reads an excerpt of the deal.
The national government shall have the responsibility of collecting and remitting all revenue accruing from the transferred functions through the Kenya Revenue Authority (KRA).
Performance Standards and Reporting Obligations
In furtherance of the principles of good governance that require accountable and transparent management of public affairs, the performance of the transferred functions shall be undertaken in keeping with the guidelines set out herein after:
4.1 The Parties will harmonize the relevant sector performance contracts and service delivery indicators, as adopted by the respective governments herein and relevant departments;
4.2 There shall be an annual report tabled before Parliament and the Nairobi City County Assembly on the implementation of this Agreement;
4.3 Pursuant to Article 189 (2) of the Constitution, the Parties may form joint committees for the better performance of this Agreement; and
4.4 The National Government and Nairobi City County Government may enter into sector-specific service-level agreements and/or Memoranda of Understanding to guide and achieve better performance of this agreement.
With CS Wamalwa taking over the functions surrendered by Sonko, questions were raised over the governor's position as politicians and lawyers differed on the contentious issue.
While speaking to Kenyans.co.ke on Wednesday, February 26, Nairobi County communications director Jacob Elkanah affirmed that the governor was still in charge and had only sought for Kenyatta's help in administration.
"The Devolution CS will be in charge of the functions Sonko transferred to the National Government. Sonko reached out to Kenyatta for the deal as he sought to take down cartels who had infiltrated the county," Elkanah stated.
Speaking on KTN News on Tuesday, February 25, Makongeni MCA Peter Emotok, who tabled the impeachment motion against Sonko dared the governor to resign or face impeachment as he had demonstrated his failure to govern the county.
"I have always insisted that Sonko is the worst and most incompetent governor ever. First and foremost let me appreciate the President.
"The justice Sonko could do to us is wake up and call the president and ask to hand over his functions fully and resign by noon, because this is an admission of failure. If Sonko does not resign we will proceed will impeachment," Emotok stated.
While on Citizen TV on the very same day, lawyers Nelson Havi and Charles Kanjama also gave their thoughts on the matter.
"Sonko is still the governor. He has not been impeached or removed from office. I don't think by Nairobi being the capital, some functions should be done by the national government," Kanjama stated.
"Mike Sonko chapter is winding. He is the governor on paper and but not in actual fact. Who made the offer towards this agreement, what were the agreements? Is it final is it subject to approval?" Havi added.
While on NTV, on Tuesday, February 25, National Assembly majority leader Aden Duale, opined that Sonko was still governor. However, Senate Majority leader Kipchumba Murkomen via twitter, argued that the matter was a subject for discussion.
"The matter of transfer of functions from Nairobi County to National Government is such a weighty matter that requires deep deflection. I will be making a comprehensive statement in the Senate in the coming days," Murkomen stated.
