NAIROBI, Kenya Feb 27 – Nairobi County Assembly Speaker Beatrice Elachi has welcomed the take-over of the County by the national government saying it was in the best interest of city residents.
Elachi told a news conference Wednesday that the move will ensure services are not disrupted.
“The president has breathed life in Article 187 of the Constitution, all We would like to see is how the Senate will repackage the whole article as it is just not Nairobi,” she said, “We are in a very tricky situation as a county [because] the governor is on trial but I thank him for looking at the interests of the people who need services.”
According to article 187, 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.
More than 20 MCAs have also welcomed President Uhuru Kenyatta’s decision to have the city county cede key functions to the national government to avert a crisis.
“If you look at the whole scenario that we are in that he had the right to evoke Article 192 to take us into an election but he safeguarded. The county Assembly has a critical role in terms of creating a framework on how they will work with the committee provided by the President,” Elachi said.
But even as Elachi and MCAs welcomed the move, a case was filed in court Wednesday challenging Sonko’s decision.
The case was filed by Robin Karani, who identifies himself as a voter, just a day after Sonko signed a controversial deal at State House, surrendering Health, Transport, Public Works and Planning, in what has sparked mixed reactions from Kenyans.
Legal experts have warned the move is likely to cause a constitutional crisis in the city county management.