Nairobi Governor Mike Sonko on Tuesday signed a historic agreement that would see Nairobi City become the first County to hand over its constitutionally delegated functions to the National Government.
Control of pornography & 4 other functions Sonko will have as Nairobi Governor
Animal welfare and licensing of dogs to also fall under Sonko's government
The move effectively neuters the powers of Governor Sonko and could possibly lead to length litigations as various parties will want a clear interpretation of the process that should have been followed in what appeared to have been Sonko’s solo decision.
The communication from State House indicated that Sonko had surrendered four constitutional functions as stipulated below:
i) County Health services
ii) County Transport services
iii) County Public Works, Utilities and Ancillary services
iv) County Government Planning and Development
However, some of the functions used terms separate from the constitution in what will likely lead to the national government taking most of the 14 functions that are stipulated in the Constitution of Kenya.
The fine details of the agreement further showed that the revenue collection, normally done by the County Government inspectorate staff popularly known as Kanjo, will also be taken away by the Kenya Revenue Authority (KRA).
The terms “Utilities and Ancillary services” is not used in the Constitution of Kenya which in the Fourth Schedule lists fourteen functions which will fall under County Governments.
The remaining five functions will fall under Sonko include:
1. Agriculture, including—
(a) crop and animal husbandry;
(b) livestock sale yards;
(c) county abattoirs;
(d) plant and animal disease control; and
2. Animal control and welfare, including—
(a) licensing of dogs; and
(b) facilities for the accommodation, care and burial of animals.
3. Pre-primary education, village polytechnics, homecraft centres and childcare facilities.
4. Control of drugs and pornography.
5. Ensuring and coordinating the participation of communities and locations in governance at the local level and assisting communities and locations to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level
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