Thread by @WanjikuRevolt

You are invited...

In the Matter of a petition by citizens and residents of the Nairobi City County Government for the dissolution of the Nairobi City County Government in the matter of articles 1(1), 2(2), 3(1), 10, 192(1)(b) & Chapter 6 of the Constitution...

#UhuruWachaNai

...and all other enabling laws such as the Leadership and Integrity act 2011, and County Government Act 2012 sections 123(1) & (2), we the undersigned petitions;

#UhuruWachaNai

BETWEEN
Wanjiru Gikonyo @GikonyoCiru ………………………….. 1ST PETITIONER
Mshai Mwangola @Zinduko ………………………………… 2ND PETITIONER

YOU Nairobian .......................................... 3RD, 4TH, 5TH PETITIONER

#UhuruWachaNai

1.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 has been restricted from accessing the county offices...

#UhuruWachaNai

...and by extension 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.

#UhuruWachaNai

2.Article 179 of the Constitution states that the Executive authority of the County is vested in and exercised by a County Executive Committee.

#UhuruWachaNai

The County Executive Committee consists of the Governor, the Deputy Governor and executive Committee Members appointed by the Governor.

#UhuruWachaNai

Most of the county executive members are operating on an acting basis including the important positions of County Secretary and CEC Budget and Finance.

#UhuruWachaNai

In the absence of the Governor and without a Deputy Governor this creating vulnerability in financial management of the county and may be a contributor into plummeting county revenues.

#UhuruWachaNai

3.With Governor Sonko at the helm county performance has plummeted as indicated by;
a.Falling local revenues: The collection of revenue has fallen alarmingly under the present administration jeopardising the delivery of services.

#UhuruWachaNai

This has been exacerbated by the dubious and incompetent handling of the revenue collection service provider contracts. There is need for a comprehensive audit of county revenue collection to unearth those responsible for the perennial revenue shortfall.

#UhuruWachaNai

b.Dismal expenditure performance and chaotic management style: Total county expenditure has also been on a downward trajectory since 2016/17. This is compounded by the chaotic leadership style of the incumbent governor...

#UhuruWachaNai

...who has been treating the CEC like a game of musical chairs by perennial firing of county executive members frustrating service delivery in the county.

#UhuruWachaNai

c.Increasing pending bills and extortion of debtors: It is noteworthy that the county continues to accumulate pending bills, and there are allegations...

#UhuruWachaNai

...of favouritism and bribery in the payment of its debtors. The county has not published a list of debtors as required by law and contractors complain of extortion by county officials to get their payments.

#UhuruWachaNai

d.Flouting of fiscal responsibility Principles: Section 107 of the Public Finance Management Act provides principles of fiscal responsibility to ensure prudent and transparent management of public resources.

#UhuruWachaNai

It is noteworthy that the Nairobi City County has continually flouted tis fiscal responsibilities. This is due to unresolved historical debts and staff, and chronic mismanagement under the county leadership.

#UhuruWachaNai

e.Flouting of public participation requirements in the budget process: Since August 2019, the county has conducted its budgeting requirements without the involvement of Count Budget and Economic Forum Members;

#UhuruWachaNai

f.Ad hoc public participation: Whereas the county has published crucial laws on public participation it has failed to enact the required regulations to operationalise them, a result of which public participation remains ad hoc and tokenistic.

#UhuruWachaNai

In this way the county leadership has failed to fulfil the most basic tenant of devolution, namely that of ensuring self-governance of the people.

#UhuruWachaNai

4.Adverse Opinion of auditor general reports 2018: The county executive and assembly have received disclaimer and adverse opinions respectively by the Auditor General in 2018...

#UhuruWachaNai

...pointing towards widespread mismanagement of resources and abuse of office by government officers.
5.Violation of the PFMA: The county has failed to convene county budget economic forum meetings as required in section 137 of the PFMA.

#UhuruWachaNai

The last CBEF meeting was in August of 2019 and issues raised by CBEF members have since not been addressed.

#UhuruWachaNai

6.Lack of transparency: The county leadership has chosen to operate under a cloud of secrecy and has not published crucial information contributing towards corruption and misappropriation of resources;

#UhuruWachaNai

•The list of assets and liabilities has not been published
•Failure to publish preferential procurement reports
•Publishing of irregular tenders in solid waste management

#UhuruWachaNai

•Budget reports lack crucial accountability data and so it is not possible to assess the utilisation of public funds

#UhuruWachaNai

As a result of the sad state of affairs, the people of Nairobi City County stand to suffer immeasurable damage in the form of violation of their right to service delivery as elucidated in this petition.

#UhuruWachaNai

The petitioners herein who are registered voters within the Nairobi City County Government and opinion leaders launched a campaign to collect signatures from registered voters from Nairobi City County for the dissolution of the Nairobi City County Government.

#UhuruWachaNai

24) The petitioners believe that there are exceptional circumstances within Nairobi City County in terms of the failure of governance and absence of leadership which would support the dissolution of the County Government.

#UhuruWachaNai

These exceptional circumstances are also elucidated in this petition.

#UhuruWachaNai

This is where you as a Nairobian come in... sign the petition, get your family and friends to sign...

25) The petitioners have been able to collect a total of XXXX signatures within a period of one month in support of this petition.

#UhuruWachaNai

26) This petition is supported by XXXX booklets attached herewith, containing the signatures of XXXX registered voters of Nairobi City County.

#UhuruWachaNai

Twende kazi!