Nairobi MCA schools Mike Sonko on transfer of city to General Badi

Ladies and Gentlemen,

1. On 25^th February, 2020, the nation was informed, through a Press Statement by the Office of the Spokesperson, State House, Nairobi, that in an agreement signed at State House on 25^th  February, 2020, by Governor Gideon Mike Mbuvi Kioko Sonko and Devolution Cabinet Secretary Eugene Wamalwa, with the concurrence of His Excellency the President, Uhuru Kenyatta, certain functions of Nairobi City County Government had been transferred to the National Government pursuant to Article 187 of the Constitution of Kenya.
2. The Press Statement further indicated that the National Government would take over the following functions of the Nairobi City County Government: –
3. County health services;
4. County transport services;
5. County public works, utilities and ancillary services; and
6. County Government planning and development.
7. The Press Statement stated that the transfer was intended to ensure that Nairobi City County residents received efficient services and that it came as a breakthrough in the running of County services that had ground to a halt. Consequently, Gazette Notice No. 1609 dated 25th February, 2020 was published seeking to give effect to the transfer of functions of the Nairobi City County Government to the National Government. A grace period of twenty-one (1) days before commencement of the agreement was provided.
8. Further, the County Assembly of Nairobi City was by law notified of the said transfer and unanimously agreed with the transfer since there was a general consensus thatthe County Executive had failed to deliver on its mandate specifically on the transferred functions.
9. Prior to the commencement of the agreement, an addendum to the main agreement was signed, consequently, H.E. President Uhuru Muigai Kenyatta, established the Nairobi Metropolitan Services to implement the transferred functions. Accordingly, H.E. the President appointed Maj. Gen. Mohammed Abdalla Badi, to head NMS.
10. A scrutiny of the Deed of Transfer of Functions reveal the following:-
11. Financing of the transferred functions shall be drawn from both the Consolidated Fund and the County Revenue Fund. This means that eighty percent (80%) of the County Budget has been transferred to the NMS;
12. The National Government shall have the responsibility of collecting and remitting all revenue accruing from the transferred functions. In addition, Kenya Revenue Authority (KRA) is responsible for general coordination of revenue collection with Nairobi City County Government; and
13. The Human Resource for implementation of the agreement shall be seconded from the County Government to the National Government. This means that six thousand (6,000) employees of the County Government have been transferred to NMS under the Public Service Commission
14. It is a matter in the public domain, that Service Level Agreements have been signed, as required under the Deed of Transfer of Function, to allow KRA to collect revenue in Nairobi and to allow the Public Service Commission to take-over the transferred functions.

Ladies and Gentlemen

• Even though NMS is still at the initial stage of re-organizing its structures, there are indications that it is up to the task.
• Indeed, in order for NMS to have the human resource required so that it can effectively kick-start its programs, the PSC required all the transferred County Staff to collect their deployment letters and report to their new postings. This surely should be the initial step.
• In fact, the County Assembly at a special sitting held on Thursday, 2^nd April, 2020, through a motion moved by the Leader of the Majority Party, unanimously consented with the process being undertaken by both NMS and PSC.
• The Assembly went further and agreed with the decision by the National Treasury to designate one Joash Momanyi as the AIE holder for NMS.
• Equally, the Assembly passed the Supplementary Appropriation Bill, 2020, now waiting assent, where we allocated close to Kshs 27 billion of the 36 billion County Budget to NMS reflecting the resource requirements of the transferred functions since the law dictates that resources must follow functions. This will allow NMS to commence providing the much-needed development in Nairobi.

Ladies and Gentlemen

1. Nairobians and the County Assembly was perturbed by a long social media rant by Governor Mike Sonko purporting to challenge the decisions taken by NMS and PSC. Governor Sonko went ahead to incite officers not to report to KICC to collect their re-deployment letters.
2. To achieve his objectives, the Governor attempts to play a victim card, shades crocodile tears, invokes the name of the President anduses the unfortunate COVID – 19 pandemic as a scapegoat why the officers should not report to work. He does so yet he is all aware that the PSC is a responsible commission, which is sensitive to the conditions we are operating in and has put in mechanisms to conform with MoH guidelines.
3. The actions of Governor Sonko depicts the following:-
4. That Sonko either did not know what he signed at Statehouse hence demonstrating his ineptitude or he did not trust the process from the word go thus he deceived Nairobians and the President. Such a person cannot be trusted to run a Government of the City;
5. That Sonko is fond of miss-using the name of the President and invokes it anytime he wishes so that to achieve personal agenda as depicted in his social media rant;
6. That Sonko failed Nairobi, he personally admitted that he failed that is why he agreed to transfer the functions, but he now also wants NMS to fail by sabotaging its work so that Nairobians will never see development as he continue to mascaraed around with an illegal outfit called ‘Sonko rescue team’ so that Nairobians can become his hostages.
7. With the forgoing, ladies and gentlemen, it is important that the County Assembly stops this failure, in the name of Governor Mike Sonko, and allow NMS to commence its work immediately for the sake of Nairobians.
8. NMS would never have come at the right time than at this time when the city has become the epicenter of COVID-19. We are glad that the National Government has honoured it’s part of the bargain by deploying qualified human resource able to run the County.
9. I therefore demand that Sonko stops his sideshows and allow NMS to proceed with its work. What he is asking now is water under the bridge since he had 21 days to amend the Deed but he was never bothered.
10. I dare Sonko if he is man enough to withdraw from the agreement. In fact, he should be reminded that this time round we will not allow him to unilaterally act since the County Government comprises of the Assembly and Executive. We have had enough of this failure.
11. I also wish to remind Governor Sonko that H.E. the President saved him last time by giving him a lifeline through NMS, it is an opportunity that he must cherish lest we revisit.
12. I also wish to request NMS to take full control of County health and emergencies especially during this COVID – 19 crisis period since that is their mandate now. Let Sonko stop poisoning Nairobians with fumigants which have not been certified.
13. It is also laughable for Sonko to purport and mislead the country that he has given ‘all’ ‘64’ elected MCAs food to distribute to Nairobians yet he is all aware that is a lie. In fact, Nairobi has 85 wards how they became 64 we do not know. It is wrong for anybody, let alone the Governor, to use suffering Nairobians to gain political mileage. The Governor is fond of this trend. As Abraham Lincoln once said, and I quote “You can fool all the people some of the time and some of the people all the time, but you cannot fool all the people all the time”.We want to advise the six (6) MCAs who were with Sonko while issuing this erroneous statement that Nairobians and their party leaders are watching.
14. I know that many of our residents are suffering that is why in the Supplementary Budget we passed on 2^nd April, 2020, we allocated Kshs 1 billion to NMS for Ward based interventions once the Bill becomes law. We are also supporting the National Government’s economic interventions and in our own ways, away from the glare of Cameras, we shall be contributing our share to Nairobians through official channels.
15. I urge the National Government to provide a plat-form where all aid related to COVID -19 can be channeled to so that we don’t risk the lives of citizens especially within the slums scrambling for relief food and masks from opportunistic politicians.
16. In conclusion, on behalf of the Assembly, I reiterate our earlier commitment to support NMS and we will do whatever it takes to ensure that this noble initiative by H.E. the President succeeds. Indeed, this commitment was promised to the President when Members met him in Statehouse sometime last month. The Director General and the President should count on our support on this matter. In particular, the Director General should not be intimidated by Sonko and his cartels who have certainly realized that 80% percent of the County resources, which they had planned to loot,are safe and secure under NMS. I wish to thank all staff who have responded to the request by NMS and ignored the incitement by Sonko. They should also count on our support. Sonko MUST henceforth stop his repugnant and atrocious approach towards NMS.

Hon. Peter Imwatok, MCA, Minority Whip.