The move by the National Government to take over key functions of Nairobi county government that include Health, Transport, Public Works and Planning and Development Services, will have a significant ripple effect to key areas of county revenue collection, financing and human resource management.
However, opinion is divided over the transfer that has been endorsed and opposed in equal measure. A section of Nairobi residents is upbeat that they will get the much-needed services months after operations at City Hall ground to a halt.
Others read malice in the process they term as illegal. A section of Civil society Organizations under the umbrella Kenya “Tuitakayo” have faulted the decision by the national government to take over the Nairobi county government.
The group that is threatening to seek legal redress over the move says the development might act to derail ongoing efforts to entrench devolution in the country.
They insisted that the county assembly and the county executive was not involved in the agreement.
The lobby group vowed to start a process of citizen action to protect the constitution by using all avenues including going to court.
“A critical principle of public participation was not undertaken thus the principles of good governance were not in conformity with the Constitution. Sonko cannot be allowed to transact on behalf of the county having been involved in a court case” said the movement that has threatened to move to court.
Sonko, who is out on bond, is barred by the court from setting foot in office until his case is heard and determined.
According to a gazette notice issued Wednesday, the Nairobi City County Government will appoint Kenya Revenue Authority as the principal-agent for overall revenue collection.
The relevant human resources for the implementation of revenue collection shall be seconded from the County Government to the National Government.
Further, the County Public Service Board shall, in consultation with the Public Service Commission, formulate the necessary instruments to facilitate the secondment and deployment of the necessary human resources to the national government.
The financing of the transferred functions will henceforth be borne by either the Consolidated Fund and the County Revenue Fund or both.
The level of funding for each transferred function shall be determined by the National Government in consultation with the County Government.
According to the Gazette Notice, the national government will fully assume the functions transferred after the expiry of 21 days from the day of issue.