The High Court has declared the deed of transfer of functions of Nairobi County to National Government unlawful and irregular.
In a ruling by Justice Hellen Wasilwa, the deal that was signed at State House in presence of Nairobi governor Mike Sonko, President Uhuru Kenyatta and Devolution CS Eugene Wamalwa was not approved by the County Assembly thus unlawful.
Further, the court has ruled that the transfer of 6,000 employees from the county government to the Nairobi Metropolitan Services (NMS) was also illegal since no consultations were made with governor Sonko.
Consequently, the State has been given 90 days to rectify the said illegality failure of which either of the parties can move to court to seek appropriate actions.
This decision was arrived at following a petition filed by activist Okiya Omtata seeking to reverse the process until the right grounds and procedures were met.
In response to the 6,000 county employees that were transferred to the NMS, Sonko argued that he did not participate in the authorization of the same.
“That the respondent’s actions are irrational, unreasonable and unconstitutional, ” reads the affidavit in part as quoted by Citizen.
On March 18, 2020, Nairobi Governor Mike Sonko officially transferred key county functions to the National Government.
City Hall surrendered county health services, transport, planning and development and public works and utilities to the State.
The event that was presided over by the country’s Attorney General Paul Kihara Kariuki, was witnessed by President Uhuru Kenyatta, Devolution Cabinet Secretary Eugene Wamalwa, Governor Sonko, Senator Johnson Sakaja and Speaker Beatrice Elachi.
Also present were James Githii Mburu, the Commissioner-General Kenya Revenue Authority (KRA). The taxman has officially been granted the powers to collect county revenue.
Following the transfer, the President created the office of Nairobi Metropolitan Services (NMS) which was in charge of the functions transferred to the national government.
NMS was led by a Director-General, Major Gen Mohamed Abdalla Badi and Enosh Momanyi as NMS Deputy Director-General. They were tasked with the role of ending corruption in the city by dismantling county cartel network.