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  • State House Confused Me With Alcohol Before Signing Over County Functions – Sonko

    Nairobi County governor Mike Sonko has claimed that he was not in his right senses when he signed over key county functions to President Uhuru Kenyatta.

    Sonko signed a deed of transfer on March 18 in the presence of Devolution CS Eugene Wamalwa, Senate speaker Ken Lusaka and the president.

    He surrendered health, transport, planning and public works to the national government.

    Interacting with his Facebook followers on Thursday, the besieged county boss said that at the time of signing over the functions, he was intoxicated.

    According to him, State House operatives offered him alcohol hence he was confused when he gave up the four key functions.

    “I was not sober. Hawa watu wa State House waliconfuse na pombe kwanza (The people at State House confused me with alcohol first) by the time I was meeting the President for the signing I was just seeing zigzag,” he said.

    But he went ahead and signed the deed of transfer out of the respect he has for the head of state.

    “…and also both of us meant well for you the Great people of Nairobi,” he added.

    He also sounded a warning to Nairobi Metropolitan Services (NMS) boss Mohamed Badi who he has on numerous occasions accused of intimidation.

    “…huyu jeshi akiendelea (this military man)  by not complying with the law then they better impeach me just like Waititu but I will not entertain his intimidation anymore.

    “He’s forgetting this is just a contract and it can be terminated at any stage…”

    In June, a court ruled in favour of the governor terming the deed of transfer “vague and unconstitutional”.

    Judge Hellen Wasilwa of the Employment and Labor Relations Court ruled that the deal signed was not approved by the County Assembly, hence, making it unlawful.

    She gave the government 90 days to rectify the illegality failure by establishing NMS by law and the instrument of its verification made.

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  • Nairobi County Gov’t Moves To Court To Stop Treasury From Allocating Funds To NMS

    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.

    Read: Coronavirus Is Real, Sonko Warns Following The Death Of City Hall Official

    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.

    Read Also: Sonko Wants NMS Boss Badi To Work Under Governor’s Office, Claims Military Man Blackmailing Him

    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.

    Read Also: EACC Detectives, Armed Officers Raid Sonko’s Upper Hill Office

    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.

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  • Court Suspends Appointment Of New Nairobi Water Board By NMS Director General Mohammed Badi

    The High Court ha suspended the appointment of a new board of Nairobi Water and Sewerage Company by Nairobi Metropolitan Services (NMS) director general Mohammed Badi until suit filed by activist Okiya Omtatah is determined.

    Early this week, Badi had reconstituted the Nairobi Water and Sewerage Company board and appointed Maj. Gen. (Rtd) Andrew Ikenye to chair the board for a period of three years.

    Ikenye was to take over from ODM leader Raila Odinga’s sister Beryl Okumu who has been appointed as the chairperson of the Governing Council of Kenya Water Institute.

    Read: NMS Boss Badi Picks Maj. Gen. (Rtd) Ikenye To Head Nairobi Water and Sewerage Company Board

    The new board appointed by Badi included Athi Water Works Development Agency, Florence Njau (chairperson Nairobi Branch, Kenya Association of Hotelkeepers and Caterers), Nicholas Nesbitt – Chairperson, Kenya Private Sector Alliance, Wakaguyu wa Kibiru (Independent Member), Petronilla Asiyo Ogut (Independent Member) and the Chief Executive Officer, Nairobi City Water and Sewerage Company Limited (Ex-officio).

    The new changes, according to a gazette notice by Badi took effect on June 17.

    Badi said the changes were effected following the transfer of key functions from Nairobi County to the National Government.

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  • President Uhuru Meets Governor Sonko, General Badi Amid Bad Blood

    President Uhuru Kenyatta has met with Nairobi Governor Mike Sonko and Nairobi Metropolitan Service (NMS) Director-General Mohamed Badi in commemoration of World Environment Day.

    According to online sources, Sonko and Badi struck a new deal to work together to make Nairobi County a better place.

    Consequently, President Uhuru is reported to have commended the environment conservation projects being undertaken in Nairobi as well called upon the two leaders to come together and deliver the best results.

    Read: Nairobi Governor Mike Sonko Bows To Pressure, Allocates NMS Sh3.5 Billion

    The NMS was formulated by President Uhuru after Nairobi County through Mike Sonko transferred key functions to the National government.

    The NMS was tasked with the role of ending corruption in the city by dismantling county cartel network as well as foresee other important projects.

    Following its introduction, power wrangles have ensued between the Governor and the Badi-led team, with each party citing frustrations.

    Read Also: Sonko Defends Self In Sh500 Million Upper Hill Property Deal, Links Woes To Nairobi Politics

    For instance, Sonko accused NMS leadership of trying to overstep its boundaries and undermining his authority. On the other hand, the NMS cited frustrations from the governor after he refused to sign a bill allocating the team Sh15 billion for operations.

    The tussle went on with each party trying to prove their might, until recently when Sonko bowed to pressure and allocated NMS Sh3.5 billion for its operations.

    This move came just days after the National Treasury announced that it would allocate Sh27.9 billion to the NMS for the financial year 2020/2021. NMS was also set to receive an additional Sh1.5 billion for the renewal of projects in Mukuru Slums.

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  • NMS Gets Ksh26 Billion For Its Operations From National Government

    The National Treasury has allocated the Nairobi Metropolitan Service (NMS) Ksh26.4 billion for its operations and stimulation of the economy which has been affected by adverse effects of Covid-19 pandemic.

    This comes as a relief to the agency formed recently to manage functions transferred to the National Government from Nairobi County, but has been denied the much needed cash by Nairobi governor Mike Sonko.

    In April, governor Sonko refused to sign a bill allocating NMS Ksh15 billion for operations.

    According to Sonko, the Nairobi County Supplementary Appropriation Bill, 2020 contravened provisions of the law and should be revised by the County Assembly.

    Read: Sonko Denies Nairobi Metropolitan Services Ksh15 Billion As Power Tussles Escalate

    “I do hereby refuse to assent to the bill for the reasons contained in the attached memorandum, and accordingly, I do hereby refer the bill back to the Assembly for consideration in accordance with section 24(3) (4) and (5) of the County Governments Act,” he said in an letter dated April 15.

    NMS was also added Ksh1.5 billion for the Mukuru Renewal Project.

    The money is part of Kshh53.7 billion aimed at stimulating the economy. The Presidency also got an allocation of Ksh1.3 billion for the enhancement of operations, while the State Department of Interior has received Ksh2.5 billion.

    Read: I Never Read Nairobi Deed Of Transfer Documents, I Will Terminate It – Mike Sonko

    “The above-mentioned amendments will be funded through a combination of budget realignment, additional funding from development partners and mopping of surpluses from the parastatals,” said Treasury Cabinet Secretary Ukur Yatani.

    Ksh4.5 billion will be used to acquire vehicles leased by the Interior Ministry while Ksh5.8 billion has been allocated to the Presidency and the departments of Housing, Urban Development and Infrastructure for youth empowerment and employment projects.

    Ksh1.5 billion goes to basic education, while Ksh2.4 billion will be used to hire contract teachers, to be paid Ksh20,000 monthly.

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  • Nairobi Metropolitan Services Is An Illegal Entity – LSK

    The Law Society of Kenya (LSK) has declared that the recently formed Nairobi Metropolitan Services (NMS) is an illegal entity formed by the National Government, Supported by no law.

    In a letter written to NMS by LSK President Nelson Havi, LSK refused to nominate one of its members to the NMS Physical and Land Use Planning Liaison Committee, on grounds that NMS was not founded under the law.

    “Given that the establishment of NMS lacks any legitimate legal foundation, the Society cannot be expected to nominate any of its members to serve in the Liaison Committee. We have made the conclusion that NMS is not a body established or recognized in law and, by extension, neither is the Liaison Committee sort to be constituted there under,” said Havi.

    Read: NMS Dissolves City Hall’s Buildings Approval Department, Suspends E-construction Application System

    LSK argues that NMS was not formed within the confines of article 260 of the Constitution, which defines the bodies or persons fit to be called public offices/officers, of which NMS is not listed.

    “We took he liberty to peruse every publication of the Kenya Gazette made subsequent to publication of Deed of Transfer to confirm if there has been publication of any statutory Instrument prescribing and establishing NMS as the institutional framework pursuant to Article 7.1 of Deed of Transfer and made in accordance with provisions of the Statutory Instruments Act 2013. We are yet to find one,” added LSK.

    This comes as a major blow to NMS, which recently disbanded Nairobi City County Pre-Technical Committee and the Nairobi City County Urban Planning Technical Committee, with the hope of forming the Liason committee to execute its mandate.

    Read: Governor Sonko Wins First Round In Tussle Against NMS’ Sh15 Billion Supplementary Budget

    However, the Physical and Land Use Planning Act (PLUPA) No 13 of 2019 sections 76 and 77(1) (a) requires that the Liason committee should have an advocate of the High Court from LSK as a member, among others. With LSK refusing to nominate one of its members, the committe will be deemed incomplete, hence unable to function.

    The NMS and City Hall have disagreed on the running of the county after governor Mike Sonko handed over the key functions.

    In April, Sonko declined to assent to the Sh15 billion allocated to NMS.

    He referred Nairobi County Supplementary Appropriation Bill, 2020 back to the assembly, saying amendments in it contravened provisions of the law.

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  • NMS Dissolves City Hall’s Buildings Approval Department, Suspends E-construction Application System

    The Nairobi Metropolitan Services (NMS) has disbanded Nairobi County’s planning and technical committee.

    In a public notice, NMS director general Mohamed Abdalla said that the e-construction development application processing system has also been suspended.

    “The e-construction development application processing system formerly managed by NCCG is suspended immediately pending formation of a new system. All applications should continue to be filed to NMS DG’s office at KICC first floor,” a public notice published on Wednesday read.

    NCCG was on an eight month break and only resumed in February following a fall in approved projects.

    Last year, Sh141.327 billion worth of projects were approved, a Sh69 billion drop from the previous year.

    According to Major Abdalla, a new committee will be constituted in seven days.

    Further, NMS suspended all applications made for change of user, extension of user, subdivision and amalgamation, advertisements and renewal of leases.

    Nairobi City County had not processed permit for a period of last two months, as of last October ostensibly due to a technical challenge hence leading to a stall in several proposed constructions in the city.

    In the Kenya Private Developers Association (KPDA) and Nairobi City County Government (NCCG) report on building approvals for June 2019, revenue collection for development approvals was Ksh53,857,328.

    Nairobi’s hitch on the system started in May 2019, and eventually collapsed when the contract between the Nairobi City County and the service provider – Jambo-Pay ended.

    The 2018 World Bank report on the ease of doing business in Kenya based on the parameter of acquisition of building permits and development approvals ranked Kenya at position 124 below its peers such as Rwanda (112), Botswana (59) and Namibia (107).

    The NMS and City Hall have disagreed on the running of the county after governor Mike Sonko handed over the key functions.

    In April, Sonko declined to assent to the Sh15 billion allocated to NMS.

    He referred Nairobi County Supplementary Appropriation Bill, 2020 back to the assembly, saying amendments in it contravened provisions of the law.

    Email your news TIPS to Editor@kahawatungu.com or WhatsApp +254707482874. You can also find us on Telegram through www.t.me/kahawatungu

  • 800 More City Hall Employees Leave For NMS After Sonko Threatened To Terminate Nairobi Takeover Deal

    800 more City Hall employees have jumped ship and are headed to the Nairobi Metropolitan Services (NMS).

    They join the 6,052 others who were redeployed after governor Mike Sonko handed over four key county functions to the national government.

    The 800 are drawn from inspectorate, administration, investigation departments and sub-County administrators.

    On Friday, NMS Director General Mohammed Badi said the 759 inspectorate officers, 21 investigative officers, 14 sub-County administrators and six others from the administration department will be required to report to their new work stations either on Monday or Tuesday.

    Those who do not show up will have absconded duty prompting action from their boss.

    “The staff underlisted have been seconded to Nairobi Metropolitan Service with effect from April 22, 2020 and are hereby notified to report to their respective sub-Counties or duty station on Monday, April 27, 2020 and Tuesday between 8am and 4pm for documentation and collection of letters of secondment,” read the notice.

    This comes days after Sonko threatened to terminate the deed of transfer signed at State House in March.

    In a Facebook post, the county chief cited frustration orchestrated by his political enemies as the reason for his rethinking the deal.

    when we started this process the President had good intentions on Nairobi but some of his greedy officers in government especially the ones who hate me have hijacked the process to embarrass and frustrate me with a lot of impunity (sic), ” said Sonko.

    Sonko claimed that the whole process of the transfer of county functions was rushed and he didn’t have sufficient time to go through the documents.

    He said he’ll initiate the termination process by going to court soon.

    “I will not sign (resign) in fact this the time to terminate the transfer of functions deed. To date, I have not been furnished with a copy of the deed. I was not given sufficient time to even read the draft. I was just told it is a good thing on service delivery to the Great people of Nairobi as I deal with my court cases since I love you people of Nairobi and I have your interests at heart I had to accept without even going through the document thoroughly, I didn’t know it will turn against us, ” he complained.

    Last week, the governor referred back to the County Assembly the Nairobi County Supplementary Appropriation Bill, 2020 allocating Sh15 billion to NMS.

    “I do hereby refuse to assent to the bill for the reasons contained in the attached memorandum, and accordingly, I do hereby refer the bill back to the Assembly for consideration in accordance with section 24(3) (4) and (5) of the County Governments Act,” he said.

    Email your news TIPS to Editor@kahawatungu.com or WhatsApp +254707482874. You can also find us on Telegram through www.t.me/kahawatungu