Dec, 8th 2020 – The High court has suspended the implementation of the Nairobi City County Appropriation Act in a Bill that was passed in June this year, ending a two-month deadlock over funds between the county and the Nairobi Metropolitan Services.
Justice Anthony Mrima in suspending its implementation, further restrained the National Treasury and the Budget Controller from disbursing any funds on the basis of the Nairobi City County Appropriation Act.
The Judge further directed the Nairobi City County Government, Nairobi Metropolitan services, the Attorney General and Major General Mohammed Badi to convene a meeting and discuss settlement of the issues relating to the Nairobi City county appropriation Act within 7 days.
The attorney General will convene the meeting. The judge directed that the matter be mentioned on the 15th of December to review the progress of the settlement regarding the act.
He said, “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.“
The county had moved to court after MCAs rejected governor Mike Sonko’s opposition to the sh37.5 billion budget.
However, the governor moved to court arguing that MCAs were illegally allocating NMS funds meant for him and his cabinet. He added that the NMS office holders were not vetted by parliament as is required by the law.
Through his lawyer Harrison Kinyanjui, Sonko claimed that NMS had taken up functions of the county and overthrown him.
According to Court papers, the governor said that he is not comfortable with the ‘militarisation of the city by Badi who walks around in military fatigues’.
He claims that, “NMS has moved in Nairobi City County to overthrow, supplant and completely overshadow the petitioner, Sonko, as well as the 17 sub-county representatives, provoking a dispute.‘