BY SAM ALFAN.
The High Court has blocked the Treasury from releasing part Sh27. 5 billion to Nairobi Metropolitan Services.
This is pending negotiations between the county government, MCAs and Nairobi Metropolitan Services (NMS).
Justice Anthony Mrima also suspended the implementation of Nairobi City County appropriation Act, 2020.
“Treasury and Controller of Budget are hereby restrained from disbursing any funds on the basis of the Nairobi City city county appropriation Act, 2020”, ruled the judge.
The judge also directed Attorney General Paul Kihara or his representative to convene a meeting within seven days to negotiate a settlement and resolve issues raised by Mike Sonko’s government.
“The parties shall convene a meeting and discuss settlement of the issues relating to the Nairobi City County appropriation Act, 2020 within 7 days from today or it’s representative or assignee shall be a convenor of the meeting”, added the judge.
The county government through lawyer Harrison Kinyanjui moved to court after MCAs rejected Sonko’s memorandum and passed the Sh37.5 billion.
Governor Sonko challenged the legality of the Nairobi City County Appropriation Act, 2020, for lack of public participation and failure to address a deficit of Sh5 billion.
“The purported Nairobi City County Appropriation Act, 2020 was incepted in breach of the Constitution, the Public Finance Management Act, the County Governments Act, and more pointedly, the Nairobi City County Ward Development Fund Act of 2014”, said Kinyanjui.
Lawyer kinyanjui added that in spite of the law being explicitly clear that no appropriations should exceed the available funds for the County, the Nairobi City County Assembly spurned all objections from Governor Mike Sonko in his Memorandum, and proceeded to enact the Appropriation Act.
“Where was the County going to secure over Ksh.5 to plug the deficit? Why would MCAs who passed the Ward Development Fund Act in 2014 turn around and totally ignore it and allocate all funds to NMS for the development of their Wards? asked Kinyanjui.
Kinyanjui further questioned whether there was public participation during the Deed of Transfer as required by the law.
The city boss, who was allegedly impeached by MCAs on Thursday but has challenged the process, also questioned the Deed of Transfer signed between him and the National government in February, transferring some functions to Nairobi Metropolitan Services (NMS).
“I have carefully read and understood the contents of the material before me. The allegations made by the county against the enactment of the Nairobi City county Appropriation Act are weighty and enormous,” said the Judge.
“For clarity, the CS Treasury and Controller of Budget respondents are restrained from disbursing any funds on the basis of the Nairobi City County Appropriation Act, 2020,” the Judge said.
The Judge said although the legality of NMS taking over county employees has been addressed by another court, there are questions that deal with the transfer of functions, which the court has powers to determine.
He directed all the matters dealing with the legality of NMS and the Deed of Transfer be consolidated to be heard together.
Governor Sonko had questioned the legality of NMS arguing that it was a parallel entity unconstitutionally and unlawfully entrenching itself to run all functions of the county and sabotaging him from executing his mandate.
The functions transferred to NMS under Major General Mohammed Badi include Health Services, transport, county public works, utilities and ancillary services and county planning and development.
