REF: NCC/LA/GA/SEN.32/1/2014 17TH MARCH, 2014 SEN.

MIKE GIDEON MBUVI KIOKO SONKO, NAIROBI COUNTY DEPUTY CHIEF WHIP SENATE P.O. BOX 41842-00100 NAIROBI Dear Sir RE: PUBLIC ACCOUNTABILITY AND DISCLOSURE OF ACCOUNTS OF NAIROBI CITY COUNTY H.E. the Governor is in receipt of your letter dated 11th March, 2014 on the above captioned matter. Since your said letter raises issues that require an examination of both the Constitution and the relevant laws relating to county governance, and contains defamatory matter, it has been decided that the response be made by legal counsel. You will be well aware that the county government is currently trying its utmost to manage the effects of the errors of past administrations in the city. You will also be aware that residents have endured years of denied services that they so patriotically and dearly pay for. As a past and current leader in the city, the county government believes you should be part of the solution and not a cynical critic and saboteur of its well-meant efforts.

From the outset, the Governor wishes to make it clear that Nairobi City County has given, and will continue to give, the Senate maximum cooperation in the shared mandate to satisfy the expectations of the electorate. The Nairobi City County government through the Governor has an excellent working relationship with the Senate and all the senators. The county government is however concerned that you, using your position as Senator for Nairobi, continue with incitement and postures meant to intimidate, embarrass and frustrate service delivery in the city. Over the couple of weeks, the county government has noted your heightened activities that seek to frustrate efforts at service delivery. While it is your legitimate right to agitate for any action on the part of the county government, as an elected Senator, it is expected that you use the channels availed to you by virtue of being a member of the Senate. It is also expected that you carry out your activities within the confines of the Constitution and other laws that prescribe the limits of leadership and defines its responsibilities. You will agree that negative and uncaring politics will not avail water in our taps, clear our streets of garbage and fill pot-holes, nor create the much needed favorable environment for investment that will afford our youth the much needed employment opportunities. Instead of continuously exhibiting ill-will against the county government, you, being a leader in Nairobi for a record six years, would be best suited to share with Nairobians information on tangible achievements of your own activities. You will agree that it has consisted mainly of callous pretense of sympathy with the victims of disasters and the less fortunate. You have also consistently sided with law breakers for reasons only known to you. Respectfully, we are afraid that we are unable to respond to the questions raised in your said letter through this medium. Suffice to say that the questions lack clarity. The county government shall gladly respond to them if you did channel them through the office of the Clerk of the Senate in the normal way.

The county government looks upon you to articulate increased national government allocation to the city county. You have in the past been requested to present before the Senate, and assist Nairobi county government secure dues of over 40 billion shillings owed to it by the national government. The Governor is still waiting for you to act on the matter as senator for Nairobi. Lastly, the Governor is a firm believer in systemic and real change that will sustainably enable citizens realize their respective dreams. His office is open to you and other elected leaders in the county and good faith demands that all of us exhibit due maturity in dealing with the complex matters that a cosmopolitan and critical city like Nairobi deserves.

GAD AWUONDA LEGAL COUNSEL FOR:GOVERNOR NAIROBI CITY COUNTY

Cc. Chairman, Public Accounts Committee, The Senate. The Speaker, Nairobi City County Assembly Majority Leader, Nairobi City County Assembly Minority Leader, Nairobi City County Assembly Chair of Chairs/Deputy Speaker, Nairobi City County Assembly