Nairobi governor Mike Sonko now wants the DPP to drop corruption charges as part of the agreement that saw the embattled governor transfer some county functions to the National government.
The transfer heralded a new dawn for the a county that has been grappling with poor service delivery ever since the governor was barred from office due to graft charges and compounded by the absence of a deputy governor.
But the decision has already got into headwinds with legal experts saying the decision should have been backed by public participation and approved by the county assembly even as it emerges that governor Mike Sonko struck a deal with Uhuru to have corruption charges against him dropped.
During the agreement signing ceremony, a usually jovial Sonko looked perturbed, a sheer indication that he had been coerced into the deal. But he would now walk out of it empty-handed.
According to a source familiar with the intrigues that led to the agreement, Sonko was promised that the DPP would drop graft charges already in court and terminate any active investigation.
The deal also involves termination of the impeachment proceedings currently before the county assembly. Whether Uhuru will implore upon the MCAs to drop the motion or use underhand tactics like locking the MCAs in the toilet on the day of the vote, is up to him. All Sonko wants is the impeachment noose hanging around his neck removed.
Already Senate majority leader Kipchumba Murkomen has said he will be moving a motion in the Senate tomorrow to discuss the constitutionality of the matter.
Governor Mike Sonko and devolution Cabinet Secretary Eugene Wamalwa signed an agreement on Tuesday evening at State House handing over some functions to the National government in a deal witnessed by President Uhuru Kenyatta, Senate Speaker Ken Lusaka and the Attorney General.
A statement released by State House Spokesperson Kanze Dena said Sonko had agreed to transfer some functions to the National government in pursuant to Article 187 of the constitution.
What Function Transfer means for Governor Mike Sonko
The decision by Mike Sonko to transfer some functions to the National government has caused confusion with regard to his position as the governor.
According to the Constitution, 1)
A function of one level of government may be transferred to another by agreement between the two levels of governments if:
(a) the function would be more effectively performed or exercised by the recipient government; and
(b) the transfer of the function is not prohibited by the legislation under which it is to be performed or exercised.
As per the agreement, the National government will take over the following functions
i) County Health services
ii) County Transport services
iii) County Public Works, Utilities and Ancillary services
iv) County Government Planning and Development
The transfer of the said functions means Sonko will still remain a governor (ceremonial) and will be tasked with running the less critical functions that have not be transferred.
The National Government will however second a secretariat that may be led by a powerful officer in charge of those functions.
Already jostling for the position has began in earnest with Uhuru Kenyatta at loggerheads with opposition leader Raila Odinga who is also pushing for his henchmen to take over Nairobi in the spirit of handshake.
President Uhuru Kenyatta has hailed the deal as a breakthrough in ensuring smooth running of county services that had be hampered by the absence of governor.