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General Badi’s Constitutional Legitimacy as Nairobi County Chief

Nairobi Governor Mike Sonko.

The Constitution of Kenya 2010 expressly provides that sovereign power is with the people of Kenya, which is to be exercised directly or indirectly through their elected representatives. The Executive is a two-tier system of government, with both the National and County governments being directly elected by the people. The people of Nairobi County woke up early in the morning just like any other Kenyan in the rest of the 47 counties, to exercise their sovereign right to vest their sovereign power in someone they believed best carried their interests. The people of Nairobi elected Governor Mike Sonko.

The effect of this is that the delegated sovereign power cannot be taken away from Mike Sonko by anyone else other than the people of Nairobi County or through their County elected representatives (MCAs or the Governor himself). It therefore informs the reason as to why before General Badi took over reigns at the County, Governor Mike Sonko had to sign off a contract. In legal sense, the signed agreement meant that Mike Sonko and on behalf of the people of Nairobi, while exercising the sovereign authority bestowed upon him by the people of Nairobi, was delegating it in someone else.

In legal sense, General Badi’s powers last as long as Governor Sonko so wishes. In effect, it is Sonko on behalf of Nairobi people who employed Badi and not President Kenyatta. The role played by Badi at the County is akin to what Matiang’i plays at the National Government (Chief Minister). The moment Governor Sonko rescinds the contractual decision he made, and so the existence of Nairobi Metropolitan Services (NMS), or at least Badi’s legitimacy. The recent swearing in of Badi as a Cabinet Secretary points to a clueless president surrounded by utterly clueless individuals.

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