New Bill seeks to expunge Nairobi from list of counties

An aerial view of downtown Nairobi. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • The president will be empowered to nominate a Cabinet secretary, with the approval of the National Assembly, to head the city.

  • The minister will exercise the powers and perform the functions delegated to him or her by the Office by the President.

  • The city will have constituencies that will elect representatives to the National Assembly, a provision that sounds like a deliberate measure to ensure a majority of the lawmakers support the Bill.

Nairobi will no longer be a county, if a Bill before Parliament seeking to amend the Constitution and reduce the devolved units to 46 becomes law.

The city will be expunged from the list of Kenyan counties and be placed under the leadership of the national government, according to the Constitution of Kenya (Amendment) Bill.

The Bill, authored by Deputy Speaker Kembi Gitura, further seeks to establish Nairobi as the "National Capital City" as opposed to its current status as the county headquarters.

SEAT OF POWER

"There shall be a National Capital City known as Nairobi, which shall be the seat of the national government," reads the proposed law that is set for introduction in the Senate.

The president will be empowered to nominate a Cabinet secretary, with the approval of the National Assembly, to head the city.

The minister will exercise the powers and perform the functions delegated to him or her by the Office by the President.

The city will have constituencies that will elect representatives to the National Assembly, a provision that sounds like a deliberate measure to ensure a majority of lawmakers support the Bill.

WAGE BILL

"The Bill is alive to the power of the people and their right to be represented. As such, this right will continue to be fulfilled through the election of representatives to the National Assembly," the Bill reads.

Critics of the current bloated Parliament will interpret a reduction in the number of elected leaders as a cost-cutting measure, given that the country is struggling with a huge wage bill that has undermined its operations.

But changing Nairobi's status will not be an easy task. To amend the Constitution by parliamentary initiative, the proposal must pass through several House hurdles (article 256), and even if it survives these barriers, it will still require a referendum, according to article 255 of the Constitution.

Under section two of article 255, an amendment will be approved if "at least twenty per cent of the registered voters in each of at least half of the counties vote in the referendum" and "the amendment is supported by a simple majority of the citizens voting in the referendum".