Nairobi County government operations have been hit hard after the governor, Mike Sonko, was barred by the Anti-Corruption Court from accessing his office.
This followed the charging of Mr Sonko with corruption and conflict of interest over Sh357 million irregular tendering that the prosecutor’s office claims benefitted him personally as well as his close business associates.
His criminal case exposed the county to unchartered waters given that he has never picked a deputy to assist him execute his work since the resignation of Polycarp Igathe two years ago.
Without a deputy governor to take over City Hall affairs, the Nairobi County government is in a unique situation not yet experienced in the country.
But what does the Urban Areas and Cities Act 2011 say about the governance and management of cities under the Constitution?
First, the capital city is to be governed and managed in the same manner as a county government.
The primary role of the capital city is, according to the Constitution, to provide an infrastructure necessary to sustain the seat of the national government, offices of diplomatic missions, efficient
efficient transport network connecting to rural areas, towns and other local, regional and international cities as well as commerce and industry.
Under the 2011 Act, Nairobi is supposed to decentralise its functions and the provisions of its services to the extent that it is efficient and practicable to do so.
The city is also legally mandated to enter into into an agreement with the national government regarding the performance of functions and delivery of services.
Such an agreement with the national government should provide the administrative structure of the capital city, funding of operations and activities of the capital city.
In addition, the agreement between the two government should also provide the joint projects to be undertaken in Nairobi as well as mechanism for settling disputes.
A vacancy in the office of the governor is contemplated in the Constitution if the holder dies, resigns, is convicted and jailed for at least 12 months or is removed under Article 181.
A governor can be removed from office for the following offences: gross violation of the Constitution or any other law and where there are serious reasons for believing that the county governor has committed a crime under national or international law.
Further, a governor can be removed over abuse of office or gross misconduct, for physical or mental incapacity to perform his duties.
Under Article 182 (4), the deputy speaker of the county assembly can act as the county governor in the even that a vacancy arises in the governor’s and the deputy governor’s offices.
It is not yet clear, if such a vacancy has arisen in the Nairobi County owing to the barring from office of Mr Sonko and the unique situation created by the governor’s lack of a deputy.
On Sunday’s Punchline, Nairobi Senator Johnson Sakaja will be on the ring with Anne Kiguta and is likely to shed light not only on his oversight role as well as on the capital city’s unique challenge.
