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The 2013 General Election ushered in Kenya’s devolved governance structure, granting 47 counties political power, financial resources, and authority as envisioned in the 2010 Constitution.
Articles 6, 174, 175, 187, 189, and 196 laid the foundation, while Article 10 demanded inclusive governance and continuous public participation.
These provisions were designed to ensure that functions assigned to either level of government are executed transparently and accountably.
Yet Nairobi City County’s ongoing transfer of functions to the National Government raises serious questions about transparency, governance, and accountability.
The reputation of City Hall risks ignominy as the process unfolds, shrouded in opaqueness, poor communication, and unclear leadership.
Residents are left asking where the current leadership went wrong, whether last year’s impeachment threat to Governor Sakaja influenced these transfers, and what role the County Assembly has played in safeguarding Nairobi’s interests.
In March 2020, former Governor Mike Sonko and the then Devolution Cabinet Secretary Eugene Wamalwa signed a deed transferring four county functions to Nairobi Metropolitan Services, published in the Kenya Gazette.
These included Health, Transport, County Planning and Development, and Public Works, Utilities, and Ancillary Services. Fast forward to today, three functions remain in limbo with no formal deed of transfer.
The National Government now handles garbage collection, public works, and water supply yet the implementation framework remains unclear, raising red flags over assets, personnel, and accountability.
The lessons from the NMS period between 2020 and 2024 are clear. Unpaid bills, unexplained capital expenditures, displaced personnel, and gaps in service delivery remain unresolved.
Without a robust publicly accessible Deed of Transfer, Nairobi risks repeating these mistakes. While the Intergovernmental Relations Technical Committee has developed procedural manuals for such transfers, City Hall has yet to demonstrate adherence.
If this is indeed a “partnership” between the National Government and Nairobi County, as the Governor suggests, residents deserve clarity on the terms, financing, and accountability mechanisms.
The repeated failure to establish a City Management Board under the Urban Areas and Cities Act, despite clear constitutional and statutory guidance, raises uncomfortable questions about whether this is a coincidence, weak leadership, or influence from higher powers.
Nairobi residents cannot afford uncertainty in essential services.
The transfer of functions must be transparent, legally grounded, and publicly scrutinised.
Otherwise, the Capital City will be governed by ambiguity rather than accountability, undermining devolution and public trust.
The writer is an Intergovernmental and Governance Expert.
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By John Burugu