Speaker Lusaka suspends probe into Sonko deal

President Uhuru Kenyatta and Senate Speaker Ken Lusaka when they witnessed the signing of an agreement handing over some Nairobi county functions to the National Government. [File, Standard]

Senate Speaker Ken Lusaka has suspended an investigation ordered by Deputy Speaker Kithure Kindiki into the transfer of Nairobi County government’s functions to the national government.

Last Wednesday, Kindiki directed two committees-Devolution and Inter-governmental Relations and the Justice and Legal Affairs- to invite Attorney General Kihara Kariuki, Council of Governors Chairman Wycliffe Oparanya or his representative, Devolution Cabinet Secretary Eugene Wamalwa and any other person with an interest on the matter to shed light on the transfer of functions between the two levels of government.

Senate Majority Leader Kipchumba Murkomen had moved a motion of adjournment for Senators to discuss the development and Kindiki ordered the joint probe at the close of debate.

But that decision drew criticism with Senate Minority leader James Orengo (Siaya) arguing motions of adjournment do not have resolutions at the end.

Lusaka has now suspended the directive until tomorrow when he makes the ruling on whether the two House committees will proceed with the probe or not.

“Having listened to the request by the Senate Minority Leader and the contributions made and since this was made by my officer, I will consult with my deputy so that it does not appear like we are conflicting. I will then give a ruling on Tuesday. In the meantime; the committees will not proceed as given direction. That decision remains suspended until I give a ruling on Tuesday,” Lusaka said.

In making his directive, Kindiki had ordered the two committees to look at the legal, procedural and statutory constitutional gaps and file a report before the House within 21 days.

“I direct the two committees to hold further public participation to be conducted within Nairobi County. The joint committee should ensure that they provide a detailed report within 60 days with proposed legislative amendment on the transfer of functions from County Government,” said Kindiki.

Murkomen had criticised the manner in which the transfer was done.

President Uhuru Kenyatta and Lusaka witnessed the signing of agreement between Devolution CS Eugene Wamalwa and governor Mike Sonko for the transfer of health, public works, planning and transport to the national government.

“It is completely baffling and unfathomable that despite the express requirements of the Constitution, the purported transfer of functions from the 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,” said Murkomen. 

 “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 another,”  he said.

But Senator Orengo poked holes in Kindiki’s directive.

 “I urge you to review this decision. The Deputy Speaker exercised his powers under Standing Order No.1 which is only to the extent of making a decision on a procedural question. The decision that he made was not to do with the procedural question when he referred this matter to the two committees,” said Orengo.

Orengo further argued that in the practice of the House, motions of adjournment never have resolutions, except a resolution of adjournment.

“The Motion is, ‘the House Do Adjourn.’ It means that if another resolution is made beyond the adjournment, then, we have gone beyond the exercise of those powers which is to adjourn the House for purposes of discussion of a definite matter of urgent national importance.”

Senators Samuel Poghisio (West Pokot) and Ledama Ole Kina weighed into the matter saying that a matter of a debate on motion of adjournment cannot have a resolution at the end.

“I am very surprised that a matter of debate on motion of adjournment could also be referred to any Committee. It is crucial that we stick to procedures. To reach a point in our situation where decisions made from your chair, would be challenged, we do not want to challenge that. I will only beg that you look at it afresh,” said Poghisio.

Reconsider decision

Ole Kina, while supporting Orengo’s sentiments, urged Lusaka to reconsider the decision so that there can be a form of continuity.

“The procedures have been put in place. Someone once said, when something has been overtaken by events, we should now see how best we can support the citizens of Nairobi to get services, but not try to use this House as a way to stop or impede some form of justice,” said Ole Kina.

“If we now drag and try to get into a matter which we really do not have a role in, we will be seen as if we are trying to compete with an institution which has been tasked to do so,” he said.