This archive report was first published on 25 July 2020.
On July 25, 2020, Nairobi Governor Mike Sonko wrote to the National Government, through the Attorney General and the Devolution Ministry, declaring a dispute over the Deed of Transfer of functions.
According to Sonko, the National Government has adopted an overbearing and superior attitude towards the Nairobi County Government, particularly in regards to the four affected functions.
"The National Government has effectively adopted a scorched earth attitude and approach to the Nairobi City County Government altogether in breach of Article 189(1)(a) of the Constitution," Sonko stated.
Sonko argued that the Intergovernmental Relations Act, 2012, is binding on the parties to the Deed of Transfer of functions and that it was enacted to establish a framework for consultation and cooperation between the National Government and the County Government.
He claimed that there was no consultation or cooperation between the National Government and the Nairobi City County Government prior to the execution of the Deed of Transfer of functions.
Sonko's administration stated that it is unwilling to proceed with the Deed of Transfer of functions, citing its constitutionally-vested mandate over the four functions and the applicable law.
"The Deed of Transfer is fatally flawed ab initio and it cannot be panel-beaten with time, where milestones are required by law," Sonko added.
Sonko further accused the National Government of deploying military officers to the Nairobi Metropolitan Services (NMS) to deliver services to the Nairobi County, which he termed as an unconstitutional action.
He stated that the deployment of military officers to NMS is an open militarized takeover of the Nairobi City County Government and constitutes a silent coup.
