Nairobi Metropolitan Service (NMS) faces a new wave of uncertainty as its two-year term comes to an end, following the election of Johnson Sakaja as Nairobi governor-elect.
Sakaja stated unequivocally in his victory speech that NMS functions will be restored to the County government once he is sworn in.
“I would also like to thank the outgoing NMS led by Gen. Badi, I thank them for the work they have done for this city, I want to affirm that from the day we are sworn in, all the 4 functions shall revert to the County Government immediately,” Sakaja said.
With less than a month until the end of its two-year term, the Badi-led NMS is unsure whether it will be extended beyond September 2022.
The transfer of functions to the National Government can only be extended by a substantive office holder, the Governor, with the support of the majority of the county assembly members.
Nairobi County Government functions were transferred to the National Government at State House by President Uhuru Kenyatta and Governor Mike Sonko.
With the support of Article 187 of the Constitution, the functions were returned to the national government based on how Sonko managed the affairs of the country’s capital city.
Legally, functions of a County Government can be transferred to another level of government if the receiving government can perform or exercise the power more effectively.
Sonko and then-Devolution CS Eugene Wamalwa signed the transfer deed on February 25, 2020, with President Kenyatta’s blessing, giving NMS broad powers to run the county for 24 months.
However, with the NMS deed expiring next month, its fate is entirely in the hands of the new Governor and the Nairobi County Assembly.
In the recent past, MCAs have been divided over the institution’s fate, with the majority of them advocating for the return of key functions that were transferred to NMS, such as health, transportation, and public works, to City Hall.
Furthermore, in order for NMS to continue, the governor must make a formal request to the County Assembly and National Government explaining why it should continue to perform County Government functions.
All interested parties are then required to draft, sign, and provide copies of the deed of transfer to the Attorney General’s office.
