– President Uhuru Kenyatta on Tuesday presided over the signing of an agreement that saw Nairobi County functions transferred to the National Government.
– The move has since raised pertinent legal questions across board.
– Lawyer Miguna Miguna has spoken against the move.
Exiled lawyer Miguna Miguna has come out to dismiss the move by Nairobi County Governor Mike Sonko to surrender county functions to the National Government, terming it a ‘coup on constitutional order’. In a Facebook post seen by Howafrica.africa, Miguna has termed the procedure as flawed and unconstitutional.
In his post, the self-styled general of the defunct National Resistance Movement has made reference to legal sections that guide the procedure of transferring functions from one level of government to another, being article 187 of the constitution of Kenya. In the post, Miguna argues that the National assembly and the Nairobi County Assembly ought to have been involved in making the weighty decision.
“Article 187 of the Constitution does not authorize 2 individuals to sit in a room and TRANSFER functions from one level of Government to the other. It authorizes GOVERNMENTS to transfer functions LEGALLY through LEGISLATION via Parliament and the respective County Assembly. What Despot Uhuru Kenyatta has just perpetrated is a fraud on Kenyans and a coup on the Constitutional order,” reads part of the lengthy post.
However, constitutional scrutiny of the article in question by Howafrica.africa editorial team has found no direct links between the functions transfer process and parliamentary legislation by either of the mentioned assemblies.
Article 187 on the transfer of functions between government levels reads as follows;
(1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if–
(a) the function or power would be more effectively performed or exercised by the receiving government; and
(b) the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.
(2) If a function or power is transferred from a government at one level to a government at the other level–
(a) arrangements shall be put in place to ensure that the resources necessary for the performance of the function or exercise of the power are transferred; and
(b) constitutional responsibility for the performance of the function or exercise of the power shall remain with the government to which it is assigned by the Fourth Schedule.
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