As its two-year term comes to an end, a new wave of uncertainty looms for Nairobi Metropolitan Service (NMS) after Johnson Sakaja was declared Nairobi governor-elect.
In his victory speech, Sakaja was categorical that NMS functions will be reverted to the County government once he is sworn-in .
“I would also like to thank the outgoing NMS led by Gen. Badi, I thank them for the work they have done for this city, I want to affirm that from the day we are sworn in, all the 4 functions shall revert to the County Government immediately,”
With less than a month to the end of its two-year tenure, the Badi led NMS faces an uncertain future over whether it will get an extension beyond September, 2022.
The deed of transfer of functions to the National Government can only be extended by a substantive office holder who is the Governor with the backing of the majority of the Members of the county assembly.
Nairobi County Government functions were transferred to the National Government under President Uhuru Kenyatta and governor Mike Sonko at State House.
The functions were taken back to the national government based on how Sonko managed the affairs of the country's capital city, with the backing of Article 187 of the Constitution
Legally, functions of a County Government can be transferred to another level of government if the power will be more effectively performed or exercised by the receiving government.
The deed of transfer was signed on February 25, 2020, by Sonko and then Devolution CS Eugene Wamalwa with the blessings of President Kenyatta, giving NMS sweeping powers to run the county for 24 months.
But with the NMS deed running out next month, its fate lies squarely with the new Governor and the Nairobi County Assembly.
In the recent past, MCAs have been divided over the fate of the institution with the majority of them pushing for the reversal of key functions that were transferred to NMS such as Health, Transport, and Public works to be reverted back to City Hall.
Further, for NMS to continue, the governor will have to make a formal request to the County Assembly and National Government to justify why it should continue to perform the duties of the County Government.
All interested parties are then required to draft, sign and avail copies of the deed of transfer to the office of the Attorney general.
