The National Government will now take over the functions of Nairobi County, following an agreement signed between Governor Mike Sonko and Devolution CS Wamalwa in the presence of President Kenyatta at State House on Tuesday.
According to a statement by Statehouse’s spokesperson Kanze Dena, the landmark agreement by governor Sonko to hand-over the functions of Nairobi County to the national government is pursuant to Article 187 of the Constitution.
“In a landmark agreement signed at State House today, Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with H.E President Uhuru Kenyatta, signed an agreement, handing over functions of the Nairobi County Government to the National Government, pursuant to Article 187 of the Constitution,” the statement reads in part.
Article 187 of the Constitution states that;
(1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if–
(a) the function or power would be more effectively performed or exercised by the receiving government; and
(b) the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.
(2) If a function or power is transferred from a government at one level to a government at the other level–
(a) arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and
(b) constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule.
The National Government will now take over the following functions of the Nairobi County Government:
i)County Health services
ii)County Transport services
iii) County Public Works, Utilities and Ancillary services
iv)County Government Planning and Development