Nairobi Governor Mike Sonko has won the first round in the war against the Nairobi Metropolitan Services (NMS) pertaining Sh15 billion Supplementary Appropriation Bill, 2020.
The Solicitor General Kennedy Ogeto through a legal advisory to Nairobi Governor Mike Sonko has indicated that the gazette notice fell short of the instituted legal requirements.
According to the Star, Ogeto has termed the Supplementary Appropriation Bill, 2020 unlawful and wants it revoked.
The law was to allocate the Nairobi Metropolitan Services Sh15 billion following the transfer of County functions to the National Government.
“It is therefore inconceivable how the Bill was published in the Kenya Gazette when it was still pending before the County Assembly,” Ogeto is quoted by Star.
The letter addresses the Attorney General, the Government Printer and the Controller of budget.
For instance, the Government printer has been advised to take into consideration the solicitor general’s legal opinion and take action into revoking the purported publication Act.
Embattled Sonko has been embroiled in wrangles with the newly formulated NMS leadership with frustrations cited from both parties.
For instance, Sonko alluded that the NMS was operating beyond their mandate and tried to challenge his authority. On their side, NMS cited that Sonko was frustrating their efforts to make Nairobi county better.
Further, Sonko refused to release the deed of Transfer documents to the National Treasury.
In a letter to Treasury by County Secretary Justus Kathenge to the National Treasury dated April 29, Sonko accused the Central government of breach of the terms of the deed of transfer of functions.
“This is to inform you that I am under firm and clear instructions from His Excellency the Governor as chief executive officer of the Nairobi City County Government not to provide any related information,” reads the letter in part.
On April 22, 2020, the Governor thus threatened to move to court to terminate the deed of transfer of functions to the National Government on the grounds that he did not read the documents before signing.
Consequently, on April 30, 2020 he wrote to the Solicitor General, to direct the Government Printer to nullify the purported Act through a corrigendum. He argued that the bill had been published unlawfully thus was not a force of law.
“The said Bill was sneaked to the Government Printer by unknown people notwithstanding the fact that the Office of the Governor had alerted the Government Printer that the Bill had not completed the necessary legislative process,” Sonko said.