The transfer of functions and powers from the Nairobi County Government to the National Government as provided for in Article 187 of CoK 2010 was the best thing to do under the prevailing circumstances.
In my view these are the reasons why the president and his advisors opted for the transfer of powers and functions and not impeachment.
1. Nairobi County Government was facing suspension under Article 192 due to the exceptional circumstances occasioned by the order barring Gov sonko from office and the lack of a substantive DG. This would have resulted into another election for the County government. Too expensive with only 2 yrs to another election and BBI as the darling.
2. With or without a Governor in place, Nairobi County politics has made it difficult for delivery of any services to the people and therefore a receiving government ( National Government) was the best option for the effective performance of its functions and exercising of the powers. Nairobians win.
3. All the transferred functions and powers under this agreement are not prohibited by any legislation under which they shall be performed or exercised and therefore it will be easy to execute accordingly.
4.The resources that shall follow these transferred functions and powers will be better managed at all times by the National government. Corruption and Cartels and city hall minimized.
5. While the constitutional responsibility for the performance of all the function and exercise of all the powers transferred remains with Nairobi County government as per the Fourth Schedule, the Gov and his executive have basically zero say in all the management of Nairobi County. Power gone ( silently impeached)
7.The impeachment of Gov. Sonko through Article 181 would have been politically chaotic and Nairobi was staring at another election since there is no DG. This was going to be too expensive at a time when BBI is the darling.
It will be proper to say that Sonko has been removed from office through legal and politcal tact.
F. Okango
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