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Reprieve for Sonko as court declares Nairobi County takeover deal unlawful

by | Jun 18, 2020 | Counties | 0 comments

Governor Mike Sonko may breathe a sigh of relief after High Court declared the Deed of Transfer of Functions executed between the National and County Government of Nairobi as vague and irregular.

Justice Hellen Wasilwa ruled the deal signed at State House in February 2019 did not follow the law as it was not approved by the County Assembly.

READ ALSO: Governor Sonko assents to Nairobi City County Supplementary Appropriation Bill

Also, the court declared the transfer of 6,000 county employees and secondment of CEOs to the Nairobi Metropolitan Services (NMS) as irregular and illegal since the Governor of Nairobi, Mike Sonko was not consulted.

Wasilwa directed the government to rectify the ilegality within 90 days failure to which any party will be at liberty to move to court for appropriate action.

The case had been filed by activist Okiya Omtata who sought to reverse the transfers until such a time when proper mechanisms and procedures are put in place for the safety of the workers.

Governor Sonko, in an affidavit filed in court, had argued he had opposed the secondment of his staff to the Nairobi Metropolitan Service because the same would be illegal and unconstitutional.

“That the respondents actions are irrational, unreasonable and unconstitutional, ” reads the affidavit in part.

The Deed of Transfer saw the Nairobi County Government handover control of county health, transport, planning and development as well as public works and utilities to the National Government.

READ ALSO: KSh 27 billion allocated to Nairobi Metropolitan Service as tussle with City Hall intensifies

President Uhuru further created the Office of the Nairobi Metropolitan Services (NMS) led by Maj General Mohamed Badi as the Director General to operationalize implementation of the Deed of Transfer of Functions.

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