CONSTITUTIONAL CRISIS AS NAIROBI COUNTY KENYA IS DISSOLVED

CONSTITUTIONAL CRISIS AS NAIROBI COUNTY KENYA IS DISSOLVED

By Chris Ojow

It is now official and on paper, the National

Government fronted by the Head of State

Uhuru Muigai Kenyatta has taken over

the running and service delivery of the Capital

City of Kenya.

The legal delicate balancing move has resulted

into uproar, where legal minds within the

Country has supported and in equal

measure faulted the National Government for

making a great move but failed to adhere to the

legal procedure, the law .

“As the Chickens come home to roast” the

Nairobi County Assembly elected and

nominated honorable Members should hold

their intended impeachment process and focus

on other issues of service delivery in

supporting the National Government, since the

embattled Nairobi County Governor Mike Sonko

by signing the documents surrendering the

County operations at State House Nairobi to

hand over the running of the County services to

the National Government, resigned indirectly.

The honorable move, wise, legally and the best

option Mike Sonko should offer to Nairobi

County residents is to officially call a press

briefing during the day and officially announce

his resignation from being the Governor of

Nairobi County to allow legal procedure be

adhered to.

The Nairobi County Governor on several

occasions has been accused of running the

functions of the Capital City single handedly

and intentionally, deliberately refused to appoint

his Deputy Governor after the resignation of

Igathe.

The elected Nairobi County Assembly

Representatives also on several occasions

accused the embattled Governor who was

recently arrested and charged at Anti

Corruption Court with various counts of

economic crimes for being incompetent .

Kenyan law Analysts from different fields has

faulted the Country Attorney General for

misadvising the head of State in a noble cause,

where it is alleged that the process of handing

over the Nairobi County operations to the

National Government was breached.

Public participation enshrined in the new 2010

Constitution was cited as breached and a great

blunder, since the Senate, County Assembly

Members and Council of Governors were

deliberately ignored and even during the signing

the Senate Speaker Ken Lusaka presence was

questioned in line with the law.

The National Government while taking over the

running and service delivery of Nairobi County

Government will specifically offer quality

services of Health, public Services, planning and

Transport.

Article 187 of the Constitution talks of

transferring services to the National

Government and not from the Governor to the

National Government , therefore the latest

transfer of Nairobi County operations to the

National government by Governor Sonko should

have been done in a legal manner, to avoid

Constitutional challenges within the Country

Constitutional Courts, where busy bodies are now waiting

to gain relevance on little misunderstanding of the

law .

Therefore the Nairobi County Residents in few

days should expect the appointed chief Cabinet

Secretary being mandated to run the County

affairs or a committee of experts being in

charge to offer quality services to the Capital

City environ.

The recent appointment /nomination of the

Female Deputy Governor by Mike Sonko who

was charged with corruption, was faulted by

legal experts and even challenged within the

corridors of justice by the State , where the

return of normalcy and service delivery to

Nairobi County environ was proving to be a

Pipedream.

Forcing the National Government through the

Head of State to intervene by taking over the

runnings in a bid to offer starved Capital City

residents their deserved service delivery in line with

the law before hell coming on earth.

Article 192 of the new Constitution of Kenya,

state clearly that the President of Kenya, Uhuru

Muigai Kenyatta may suspend a county

Government, during an emergency or in

exceptional circumstances.

And during the take over or suspension,

arrangement shall be made for the performance

of the functions of the County Government in

accordance with an act of Parliament.

And the senate may at any time suspend the

take over or the suspension of the County

operations or running and it shall not extend to

a period of ninety days, if it extends, an election

of the office holders shall be held in line with

the 2010 new Constitution of the Republic of

Kenya.