26 Feb 2020 in Senate:
He is a modest person. In the past, he has wanted to give more credit to others than himself. I must say on record that in that Committee because I work diligently and I remember clearly if you read the taskforce report, you will find that the transfer of functions under Article 187, we only gave it two paragraphs. No one expected that there was going to be a serious issue that would involve a function being moved from counties to national Government. In fact, it was presupposed that the functions would be moving from the national Government to county ...
view
26 Feb 2020 in Senate:
When it comes to the case of transport services, it will involve: county roads, street lighting, traffic and parking, public roads transport, ferries and harbours. In this case, ferries are not under Nairobi City County Government.
view
26 Feb 2020 in Senate:
When it comes to county planning and development services, it will include statistics, land survey and mapping, boundaries and fencing, housing, electricity and gas reticulation and energy regulation.
view
26 Feb 2020 in Senate:
The fourth function that is purported to be transferred is county public works, utilities and ancillary services. It extends to storm water management systems in buildup areas and water sanitation services.
view
26 Feb 2020 in Senate:
The specifics of each of these functions illustrates the full extent and magnitude of the purported transfer of the functions of Nairobi City County Government. It is clear that should the transfer take effect in the manner anticipated in the Deed, the Nairobi City County Government shall remain a shell with minimal functions to perform.
view
26 Feb 2020 in Senate:
Mr. Deputy Speaker, Sir, allow me at this juncture to highlight some of the questions that arise in respect of the purported transfer of functions from Nairobi City County Government to the national Government, in light of these provisions of the law that require the attention of the Senate:-
view
26 Feb 2020 in Senate:
The first relates to public participation. Public participation is a key pillar and a recurring theme in our Constitution. Article 10(2) of the Constitution provides various The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
view
26 Feb 2020 in Senate:
values and principles of governance that speak to the matter of public participation, including participation of the people, transparency and accountability. Article 10(1) further provides that these values and principles of governance bind all State organs, State officers and all persons whenever any of them applies, interprets the Constitution or makes or implements public policy decisions. On account of these provisions of the Constitution which have time and again been reinforced through court decisions, public participation has become pivotal in the execution of public decisions and functions.
view
26 Feb 2020 in Senate:
Mr. Deputy Speaker, Sir, it is, therefore, completely baffling and unfathomable that despite the express requirements of the Constitution, the purported transfer of functions from Nairobi City County Government to the national Government was conducted in an entirely opaque manner, with no reference whatsoever to the public, generally, and in particular, to the people of Nairobi City County.
view
26 Feb 2020 in Senate:
This is a complete claw back on the principle of public participation that is so dearly held by Kenyans at large. Even more worrying is the total lack of observance of Section 29 of the Intergovernmental Relations Act, 2012, which specifically provides for public participation in the process of transfer of functions or powers from one level of government to the other. The Deed of transfer of functions under Articles 10.1 and 10.2 makes a rather interesting, passing and casual reference to public participation. Article 10.1 provides that the Deed of transfer of functions shall be notified to the Nairobi ...
view