The Nairobi County government has gone to court seeking to stop Treasury CS Ukur Yatani from disbursing funds to the Nairobi Metropolitan Services (NMS).
In a petition filed as urgent, the county, through Chief Finance Officer Halkano Waqo, also wants the court to stop NMS from micromanaging its budgetary allocations.
This is after Employment and Labour Relations judge Hellen Wasilwa ruled last month that the creation and transfer of four key functions from the county government to NMS was done in violation of the Constitution.
The national government had decisively moved to consolidate its control of the capital city by allocating to Nairobi Metropolitan Services (NMS) the city’s entire budgetary funding in the 2020/2021 financial year budget.
In a choreographed move by the national government, not only did the Treasury give NMS Nairobi County’s equitable share but also handed the Mohammed Badi-led NMS Sh9.78 billion from the city’s own-source revenue.
Mr Waqo wants the court to stop NMS and its employees from interfering in any manner whatsoever with county budgetary allocations.
The county government in the suit has, therefore, said it cannot continue contracting with an entity that has been adjudged to be illegal.
The key functions surrendered by Governor Mike Sonko’s administration to the NMS include county health services, transport, public works, utilities and ancillary service and the county government planning and development.
The case will be heard on July 29.