Blow to President Uhuru Kenyatta as the High Court declare the Deed of Transfer of Functions that his government and that of the county government of Nairobi signed vague and irregular.
The High Court Judge, Justice Hellen Wasilwa ruled that the deal that was signed between two levels of governments in February this year was not approved by the County Assembly hence rendering the agreement unlawful.
Justice Hellen Wasilwa further ruled that the transfer of 6000 county employees and secondment of CEOs to the Nairobi Metropolitan Services (NMS) as not only irregular but also illegal since Nairobi Governor was not consulted in the process.
The Court has given the government 90 days to rectify the illegality failure to which ant party will be at ease to move to court for any appropriate action.
The case had been filled by former Busia Senator aspirant OKiya Omtata. The activist went to court seeking to reverse the transfer until proper mechanisms and procedures are put in place for the safety of the workers.
In an affidavit filed in court, Nairobi Governor argued that he never allowed any action for the secondment of his staff to the Nairobi Metropolitan Service since doing so would be illegal and unconstitutional.
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“That the respondent’s actions are irrational, unreasonable and unconstitutional, ” Sonko’s affidavit read in part.
The Deed of Transfer saw the County Government of Nairobi handover the control of county key functions such as health, planning, development, health as well as public works and utilities to the National Government.
To operationalize the implementation of the Deed of Transfer of Functions, President Uhuru Kenyatta came up with the Office of the Nairobi Metropolitan Services led by Major General Mohamed Abdalla Badi as the Director-General.
Uhuru mandated the NMS team to immediately begin working on streaming the urban renewal projects that had been awarded before 2018 and had been delayed.