Bill seeks to list Nairobi as national capital headed by Cabinet Secretary

Murang'a Senator Kembi Gitura wants Nairobi to be recognised as the National Capital and not a county. (Photo: Moses Omusula/Standard)

Nairobi will no longer be a county and the capital city will be placed under the national government if a proposed bill becomes law.

The Constitution of Kenya Amendment Bill (No 2) 2016 proposes to reduce the number of counties to 46.

It further says the President will appoint a Cabinet Secretary to be in charge of the capital's administration, effectively doing away with the governor and MCAs.

Under the proposal, Nairobi will be the 'National Capital' with the CS exercising powers delegated to him by the President, with the approval of the National Assembly.

"There shall be a National Capital city known as Nairobi which shall be the seat of the national government... The President shall, in exercise of powers conferred to him by the Constitution, appoint, for the National Capital, a Cabinet Secretary who shall exercise such powers and perform such functions as may be delegated to the Cabinet Secretary from time to time by the President," the bill sponsored by Senate Deputy Speaker Kembi Gitura states.

If the bill becomes law, it will mean city residents will only vote for the positions of MP and Woman Representative. The bill assures voters that they will exercise their voting rights through the election of MPs.

The bill abolishes the Nairobi county assembly by taking away the powers of the Independent Electoral and Boundaries Commission (IEBC) to delimit wards in the capital.

"The IEBC shall not delimit any wards in the National Capital... the bill is alive to the power of the people and their right to be represented. Such rights will continue to be fulfilled through the election of representatives to the National Assembly," reads the bill.

If Mr Gitura succeeds in pushing the bill through Parliament, billions of shillings set aside for Nairobi as its share of revenue will revert to the national government.

It will also end political battles for the control of the city by politicians across the political divide.

The proposal comes in the wake of claims of misappropriation of billions of shillings in the county headed by Governor Evans Kidero. The bill also sits well with devolution critics who argue Kenyans are over-represented and there is need to reduce the number of elected representatives.

The proposal could however meet hurdles, according to lawyers who argue that it would require a referendum and cannot be effected through a parliamentary initiative.

Lawyer James Mwamu termed the bill "mischievous" and designed to distract attention from more urgent national matters. He said the bill was also unconstitutional.

"The bill is also misguided. It is in bad faith. If you want to amend anything dealing with the structure of government, it must be done through a referendum, not through a parliamentary initiative. It is a way of interfering with the democratic process."

"I think it is politics, that you want to control the money that goes to the county. Why would you want to deny the people of Nairobi the right to vote unless you want to say that the people are incapable of choosing their own leaders? Even approving the bill for debate would be mischievous," said Mr Mwamu.

Harrison Kinyanjui, another lawyer, said the bill seeks to achieve "an impossible task".

"The First Schedule of the Constitution specifies the counties themselves. You will have to undo the First Schedule of the Constitution. It is not something that Parliament can decide to undo. The bill is a waste of time and resources," said Kinyanjui.

The First Schedule lists each of the counties, including Nairobi at number 47.

"The bill seeks to amend the Constitution so as to reduce the number of counties to 46, by excluding Nairobi and placing it under the national government. The Bill further seeks to establish Nairobi as the National Capital city and empowers the President to nominate a CS for it," reads the bill.