Law Society of Kenya President Nelson Havi has called for the restoration of certain functions back to Nairobi City County by the National government.
Speaking to Kenyans.co.ke, Havi weighed in on the prospect of President Uhuru Kenyatta frustrating the Independent Electoral and Boundaries Commission (IEBC) into bypassing a by-election in Nairobi county.
This is after Governor Mike Mbuvi Sonko was ousted on December 17, 2020, with 27 senators voting in favour of his impeachment. Thus, Kenyans.co.ke sought to establish the probability of a total transfer of functions to the Nairobi Metropolitan Services (NMS) by the incoming governor.
The LSK boss stated that there was an acute possibility of a total transfer of functions, however, disputed the legal framework with which it would occur.
"That's a possibility. However, the Speaker only acts for 60 days and does not have the power to surrender powers. He cannot surrender all powers of the governor that Sonko had not handed over," Havi stated.
He further highlighted that President Uhuru had a keen interest in devolution, and Nairobi in particular, however, argued that Sonko's impeachment was not out of misconduct, but rather political.
Havi added that there was a need to restore functions to the Nairobi County Government, urging that the incoming governor renegotiates for the control of the county from NMS.
"We don't need Badi anymore. We need our civilian government back. The new governor should negotiate on how the four roles Sonko handed over can be returned or when NMS deal expires they should hand it back," Havi declared.
Nairobi County Assembly Speaker Benson Mutura will be sworn in as the next governor on an acting capacity for a period of 60 days. This is after Sonko had failed to appoint a deputy.
On March 25, 2020, Sonko handed over four key functions of the county to the National Government in a function presided over by President Uhuru. These functions were Health, Transport, Public works and Planning and Development Services.
However, power contests between the General Badi Mohamed led NMS and Nairobi City County Government highlighted Sonko's last days at the helm of the country's capital. This included the former governor blocking funds from NMS, something the newly formed entity alleged hampered their process of service delivery.
The government has since conducted oversight on the county through the NMS.
