Nairobi Governor Mike Sonko now wants President Uhuru Kenyatta to call to order officers from the national government involved in the implementation of the agreement between the two parties.
This, said Governor Sonko, is to forestall a possible collapse of the deal due to what he terms as continued commission of illegalities by the said officers.
Feeling vindicated by a court ruling, Sonko said he expects the President to initiate a process to address the anomalies, which he has been complaining of since April.
The governor, through his spokesman Ben Mulwa, said that the court clearly captured the illegalities he has maintained are being committed by individuals from the national government charged with implementing the Deed of Transfer of functions between the two levels of government.
Mr Mulwa pointed out that the ruling entirely fingered the national government for not following the rule of law and, therefore, he expects a process to be initiated for the anomalies raised by the judge to be addressed within the confines of the law.
In line with this, he said that the City Hall boss is ready to engage with President Kenyatta and all involved in the implementation process with the hope of regularising the issues highlighted in the court ruling.
This, he said, is with the hope that going forward, the individuals from the national government will be committed to the rule of law to avoid further embarrassment to the President and Sonko, reiterating that it is very important for everyone to do whatever they are doing within the confines of the law.
“The governor remains committed to the implementation of the Deed as it is his brainchild. He hopes that the President can initiate a process of discussion within the shortest time possible so that obligations are made clear in terms of national and county governments,” said Mr Mulwa.
In her ruling, Justice Hellen Wasilwa of the Employment and Labour Relations Court said the Nairobi Metropolitan Service (NMS) was established in contravention of the law as there was no instrument of its establishment presented to the court at the time of filing the petition, which was on April 6, 2020.
NMS has since been established as a department under the Executive office of the President vide a May Executive Order.
However, Justice Wasilwa suspended the declaration of the illegality from taking effect for a period of 90 days, a period in which NMS should be established by law and the instrument of its establishment made.
She also said the issue of the secondment of 6,052 Nairobi County government staff to NMS by the Public Service Commission (PSC) be addressed within the period.
But if there will be a default of the actions within the 90 days, any party is free to apply for recourse.
Mr Mulwa has, however, pointed out that Governor Sonko does not want the nullification of the agreement, saying that his wish is that everyone involved in the implementation process starts doing what is right within the law so that by the time the petitioners go back to court, everything will be in order.
“He expects goodwill from the national government to do what is expected of them within the confines of the law so that the agreement does not run into further problems.
"Nothing stops the PSC from following the law and doing the right things – the same with other things that were not highlighted in the case including the appointment of chief officers by the PSC,” added Mr Mulwa.
