Nairobi Governor Mike Sonko has once again registered his intention to end the agreement between the Nairobi County government and the National Government signed on February 25, 2020.
The governor, in a letter dated July 24, 2020, expressed his intent to terminate the Deed of Transfer of Functions “forthwith,” citing patent illegalities in the Deed.
“It is grounded in sheer bad faith, monumental breaches of the Intergovernmental Relations Act and since the Nairobi County government is bound by the principles of the law, the county government does not wish to abet and condone these breaches of the law,” says the letter.
The letter referenced “Notice of declaration of a dispute between Nairobi County government and the national government under the Deed of Transfer of functions as well as termination of the same by the county government” is addressed to Devolution Cabinet Secretary Eugene Wamalwa, the Attorney-General and Nairobi Metropolitan Services director-general Mohammed Badi.
The governor pointed out that there was neither consultation regarding the affected departments nor co-operation from the national government prior to the execution of the Deed, in contravention of Section 4 of the Intergovernmental Relations Act.
He adds that no joint committee or authority has been formed “in furtherance of the envisaged co-operation between the two governments.”
“Whereas the Deed in its recitals expresses common intent, there was hardly no common intent at the antecedent level. There is no justification offered by the state for the takeover of the four functions at any stage prior to or subsequent,” he says
The City Hall boss pokes holes in the establishment of NMS, it has no legal underpinning, legal existence and function.
Meanwhile, Mr Sonko and Maj-Gen Badi are embroiled in a fight over the county boss’s official residence. There has been no love lost between the two, who have engaged in supremacy battles ever since the NMS was established in March.
The latest tussle began on Tuesday when Mr Sonko announced that he had taken over the residence situated in Lavington estate after it was returned to the county government by the Ethics and Anti-Corruption Commission.
But Maj-Gen Badi warned the governor to stay away from the property, saying the house is in the hands of NMS and has been sealed off by police.
“Land function was transferred to NMS, so that area belongs to NMS. He may play his tricks but as we are talking, that house has been sealed off and nobody is going to claim it,” said Badi.
But Governor Sonko asked Maj-Gen Badi to respect the law instead of forcibly taking the residence and a vehicle.
Mr Sonko pointed to Article 187 (2) (b) of the Constitution, which stipulates that the responsibility of the performance of the function shall remain with the government to which it is assigned by the Fourth Schedule.
