, NAIROBI, Kenya Feb 27 – The Senate has summoned Devolution Cabinet Secretary Eugene Wamalwa, Attorney General Kihara Kariuki and the Chairperson of the Council of Governors Wycliffe Oparanya over the Nairobi take-over by the national government.
Senate Deputy Speaker
Kindiki Kithure issued the orders on Wednesday afternoon directing that the
hearings should be jointly done by the Devolution and Justice and Legal Affairs
Committees.
He directed the committees
to file an interim report within twenty days from Wednesday before the House,
stating whether there were legislative gaps that the Nairobi County Government
and the National Government might have taken advantage of in signing the
controversial deal.
After the report, he
added that another round of public participation which should be conducted
within Nairobi should take effect followed by the presentation of a
comprehensive report within sixty days.
His ruling followed a
heated session where the Senators sharply differed on the legality of the move
by Nairobi Governor Mike Sonko to surrender some of the key functions of the
County to the national government, in a deal signed Tuesday before President
Uhuru Kenyatta at State House Nairobi.
The divisions emerged
during Wednesday afternoon’s session when the House suspended normal business
to discuss the matter that continues to elicit mixed reactions among legal
scholars and Kenyans at large.
Senate Majority Leader Kipchumba
Murkomen who tabled the motion of adjournment to have the House ventilate on
the matter, described it as illegal.
“It is therefore, completely baffling and unfathomable that
despite the express requirements of the Constitution, the move was conducted in
an entirely opaque manner with no reference whatsoever to the public generally
and in particular to the people of Nairobi City County,” he protested.
A case was filed in court Wednesday, challenging the move, with
the hearing now set for March 11.
He said the decision was
unilaterally made by Sonko and at best an ambush to city residents who gave him
the mandate to offer leadership and provide services.
He faulted Sonko who is out
on bond after denying corruption charges, and who is barred from accessing
office until his case if heard and determined.
Senate Minority Leader
James Orengo cautioned members not to trivialize the matter. “What choice would
have acted as an alternative? Would you rather suspend the entire county
government, would you impeach the Governor, would you keep quiet and let
Nairobi burn, these are all choices. I think in this circumstance anybody who
is acting rationally had to look for a way in dealing with the problem in
Nairobi so that people could get services,” he said.
Nairobi Senator Johnson
Sakaja surprised members when he alluded to being privy to the finer details of
the deed of transfer after being a participant in the meeting between the
National Government and the County Government that brokered the deal to have
Sonko cede some of his duties.
He told his colleagues
that the move was the best solution to the crisis bedeviling the city, citing
situations where services have been delayed or denied to the residents due to a
proper leadership framework withing the county.
“I was consulted about
this move and I think it was timely. The city residents can now get the
much-needed services,” he said.
Makueni Senator Mutula
Kilonzo Jnr said the new development clearly warrant for the impeachment of
Governor Sonko because he is left with no substantive duties.
“Sonko is now placed at
the category of Deputy Governors who have no work but only read newspapers. He
should be impeached immediately,” he said, and scolded Sakaja for what he
described as “writing the obituary of Nairobi County” in relation to
devolution.
He said it would be
unfair to the city residents to pay him salary and members of his Secretariat
yet his job has only been reduced to a Governor on paper.
He noted that the
Governor had conceded that he had no capacity to lead describing him as a “Governor
without portfolio”.
“Why pay money to the
Governor yet his fate has been sealed,” he said.
Kisii Senator Sam Ongeri
took a swipe at his colleagues for not being proactive in coming up with a
legislation that would counter the lacuna in law that would have provided for
their input in handling the matter.
“Sonko is still the
Governor and he acted in the best interest of the people of the County. The
move is welcomed and if at all there are questions about their being a lacuna
in law then we should blame ourselves,” he said.
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