Thread by @kavsmaina

The Nairobi City County Executive is unable to execute its mandate due to the absence of sound leadership. The Governor has recently been charged with abuse of office and under a recent court ruling restricted from accessing the county offices.
#UhuruWachanaNaNai

Is unable to guide county affairs. Since the resignation of the former Deputy Governor, the Governor has failed to appoint another. This has left a leadership and management vacuum in the county. Uhuru naye akaona avenue.....

#UhuruWachanaNaNai

It is a matter of public record that for a long time now, the NG has had the intention to take over Nairobi City County. In Dec 2016, the then Murang'a Senator Kembi Gitura, sponsored a Bill in the Senate. #UhuruWachaNai

The Bill sought to give powers to the President to nominate a CS to head Nairobi city. By amending the Constitution so as to reduce the number of counties to 46 excluding Nairobi from the ambit of devolved units. The Bill collapsed for lack of support. Thankfully #UhuruWachaNai

In Oct 2018, Kericho Senator Aaron Cheruiyot drafted a Bill seeking to have the President appoint a CS who will be in charge of the City. He argued that Nairobi was the seat of power & required better resource management #UhuruWAchaNai

..and better planning, hence, should not be compared to other rural counties or be run as such. Focus should be on the management of resources and not the better planning as the old adage goes...follow the money!

#UhuruWachaNai

Fast forward Feb 2020
On 25th February 2020, without warning (PSCU) announced that suspended Nairobi Governor Mike Mbuvi Sonko & Devolution CS Eugene Wamalwa, in concurrence with President Kenyatta, had signed an agreement at State House.
#UhuruWachaNai

The said agreement was to hand over functions of the Nairobi County Government to the National Government, pursuant to Article 187 of the Constitution.
Well, this was the wrong definition of the said article.
#UhuruWachaNai

The County Government purportedly surrendered the following four key functions to the NG:

i)County Health service
ii)County Transport services
iii) County Public Works, Utilities and Ancillary services
iv) County Government Planning and Development.
#UhuruWachaNai

The removal of the key functions leaves Nairobi City County Government as an empty shell, and that is tantamount to dissolving the County Government without reference/adherence to Article 192 of the Constitution.
#UhuruWachaNai

At the very basic, Article 187 provides for the transfer of functions and powers between levels of government, while Article 176(1) provides that a county government consists of county assembly and a county executive.
#UhuruWachaNai
@TISAKenya @siasaplace @StateHouseKenya

It is the functions of a county government that are being transferred, the transfer can only be done by the county government as defined in Article 176. It involves the legislature at the national level. This Nation cannot be run on the whims of the Executive.

#UhuruWachaNai

Whereas Article 187 of the Constitution allows for the transfer of functions and powers between levels of government, We are aggrieved that the public, the Cabinet, CEC, County Assembly, and the Senate were not involved in the decision as required by law. #UhuruWachaNai

The transfer ought to have involved the national and county governments not just the President and his people on one hand and the Governor and his people on the other. There is no Cabinet paper on the transfer. There is no resolution by Parliament.
#UhuruWachaNai

Also absent are; County Executive Committee paper on the transfer and the County Executive Resolution on the impugned transfer of functions which was approved by the County Assembly and then forwarded to the Senate for concurrence.
#UhuruWachaNai

Please note: Pursuant to Section 30 of the County Governments Act, 2012 a county governor does not have the power to transfer functions out of the county government. Any action without the approval of the County Executive Committee is invalid, null & void in law. #UhuruWachaNai

Further: Nairobi Governor Sonko lacks capacity to transact any official county business. He is barred from office which includes executing any functions of that office. He can't then claim to execute any agreements or contracts on behalf of Nairobi City County. #UhuruWachaNai

To do so would be contemptuous of the Court Orders barring him from office. ( Though we know the contempt with which our President treats Court orders) .
#UhuruWachaNai

There was no public participation yet the Constitution of Kenya, 2010 makes it compulsory for such a decision to be subjected to public participation before and not after the act. @TISAKenya @katibainstitute @siasaplace

#UhuruWachaNai

Further, Section 29 of the Intergovernmental Relation Act No. 2 of 2012 expressly requires public participation on the transfer or delegation of powers, functions or competencies by either level of government under the Act. Underline EXPRESSLY!

#UhuruWachaNai @TISAKenya

Washika dau...aka Citizenry, aka Wenye Nchi have begun mobilizing.
Citizen monitor reports so far from PP on Transfer of NCCG Functions to GoK

Westlands Sub County
All Participants unanimously Opposed the Transfer of Functions. Members demanded a referendum.

#UhuruWachaNai

Mathare Sub County
Participants opposed the Transfer of Functions

Kenya School of Government
Mixed but the voices of opposers are strong

Langata Sub County
Participants opposed the transfer.

Kibra Sub County
Mixed as some opposed while others supported

#UhuruWachaNai

Embakasi West
Mixed reactions with some opposing, some supporting

Dagoretti North
Mixed reactions mostly people asking for service

Makadara
Residents had mixed reaction reaction.

Embakasi East
The Transfer of Functions was rejected in Totality

#UhuruWachaNai

@TISAKenya

These are results from 9 of the 17 sub – counties. Public participation is a right entrenched in the Constitution. Exercise it. We cannot allow the President and his cronies to conduct Nairobi affairs like a personal business.

#UhuruWachaNai

Reasons to reject the transfer of functions from Nairobi County to National Government.

▪ The public participation process is a sham, invites residents to vote on a forgone conclusion with no opportunity to shape the outcome.

#UhuruWachaNai

They don’t say how the transfer will affect the cost of administration of the services and taxation.
Such an important decision would require civic education, deliberation and a local referendum.
#UhuruWachaNai

National Government is broke and unable to finance the Big Four, will it use Nairobi revenue for national capital projects? Or Nairobi county assets as collateral to secure more debt?
I do not trust Man Uhunye. Ataendelea kutuuza!

#UhuruWachaNai

The scale of the transfer amounts to the re-centralization = killing devolution. Nairobi residents should not be denied the opportunity to have a direct say in their local governance.

#UhuruWachaNai

The process overlooked the County Assembly’s oversight – that is unconstitutional.
NB: There are legal alternatives to Sonko’s failed rule without the transfer of core functions to NG.

The Governor can resign pave way for the election of a new government.

#UhuruWachaNai

The CA can impeach the Governor and pave way for the election of a new government;

The President can suspend the county & place it under the administration of an interim board to resuscitate the county, paving the way for the election of a new government.

#UhuruWachaNai

There is need for a national dialogue agree on an administrative model that will not deny residents local government representation. Unfortunately, the BBI has disintegrated into a political contest dividing the country instead of healing it.

#UhuruWachaNai

In the meantime....Inform yourself and make your voice heard
Say NO to the transfer process - demand a legal and inclusive process to rescue the county.

Waambie waachane na County 047!

#UhuruWachaNai