The Nairobi county government has moved to court in a bid to stop the National Treasury from disbursing funds to the newly created Nairobi Metropolitan Services (NMS) Office.
The Mike Sonko-led government, through Chief Finance Officer Halkano Waqo is seeking orders to stop NMS and its employees from interfering in any manner whatsoever with the city county budgetary allocations.
This now escalates the row between the county government and NMS Boss Major General Mohammed Badi who took over four key functions surrendered by governor Sonko In February this year.
In the deed of transfer that was gazetted on February 25, Sonko surrendered county health services, transport, planning and development and public works and utilities to the State.
Sonko handed the national government the responsibility of revenue collection and remitting all revenue accruing from the transferred functions.
The deed of transfer was, however, last month declared illegal by the Employment and the Labour Relations Court.
Judge Hellen Wasilwa stated that the Deed of Transfer was not approved by the County Assembly.
In her ruling, which also found the transfer of 6,000 workers to NMS illegal, justice Wasilwa gave the state 90 days to rectify the said illegality failure to which either of the parties can move to court to seek appropriate actions.
The county leadership had appointed the Kenya Revenue Authority, to be the principal agent in collection of revenue.
But in the petition, Waqo argues that city hall can not continue contracting with an entity that has been adjudged to be illegal.
According to the officer, the process leading to the gazettement of the deed of transfer was opaque, shrouded in mystery and clandestine noting the court’s ruling that there was no public participation as required by law.
He argued that the Public Finance Management Act vests the responsibility to monitor, evaluate and oversee management of public finances and economic affairs of the county on the devolved unit’s Treasury and not NMS.
NMs has been embroiled in a dispute with Sonko since the transfer of functions with the governor recently accusing Badi of trying to portray him as a failure.
To better serve city residents, Sonko, who appeared before the Senate Public Accounts and Investment Committee last week, said there is need for the Senate to make NMS an entity under Nairobi County so as operate within the law.