Sonko still defiant on transfer deal

Nairobi Governor Mike Sonko has renewed his threats to pull out of a deal transferring some county functions to the national government.

This comes at a time when senior City Hall officers have been given four days to submit to the national government critical documents related to the transferred functions.

It has emerged that City Hall is yet to provide to the Nairobi Metropolitan Service (NMS) crucial information necessary in aiding the State takeover of four functions, almost a month after the Deed of Transfer of functions took effect.

However, Sonko has said his administration will not provide the needed documents, accusing the national government of constantly breaching the terms of transfer.


The national government, in a letter by National Treasury Internal Auditor-General Joseph Welimo, said the delay in submission of the documents has stalled the work progress of the transferred functions.

Two City Hall departments, namely Finance and Economic Planning and Devolution, Public Service and Administration, were fingered for failing to present sector reports despite an earlier communication, through a letter dated March 16, 2020 by the Treasury, requesting officers in the respective departments to do so.

The Deed of Transfer agreement saw county functions of health, transport, public works, planning and management and ancillary services transferred to the national government.


“Please note that it is now one month and we are not making any meaningful progress. It is our request once again that the information requested be made available the soonest so that we can make progress in the right direction and for decision making,” read the letter dated April 28, 2020 and addressed to acting Nairobi County Secretary Justus Kathenge.

Subsequently, the relevant county government officers have until Monday, May 4, 2020, to submit the required information failure to which the National Treasury will proceed and issue the report to the principal secretary without the data.

“Please note that if the reports are not made available by end of business Monday, May 4, 2020, we will proceed to issue the report to the PS and you will have contravened the law whose penalties are stipulated in the Public Finance Management Act, 2012,” said Mr Welima.


“If indeed the reports were handed over to the national government, the same reports should be made available to us for review, so that we can advise the principal secretary National Treasury accordingly,” he added.

But City Hall hit back saying it will not provide the information.

“This is to inform you that I am under firm and clear instructions from the governor not to provide any related information. This is due to consistent and persistent breach of the Deed of Transfer of functions. Be informed that the governor has initiated the process of pulling out of the arrangement to revert the functions back to Nairobi County government,” said Mr Kathenge.

But in his letter, Mr Welima said the information that had been submitted was insufficient and had not been owned by the chief officer for Finance.

This despite an earlier letter to the county on March 16, 2020 which made it clear which information was required from the four departments and the ancillary service.


The data not submitted include legal framework, outstanding but collectable revenues, pay bill numbers, human resource data, vote book balance, pending bills, project status, creditors, assets and liabilities as well as service charters and manuals from the Health, Finance and Economic planning, Roads and Public works and Transport, Lands and Urban Planning, Environment and Water and the Devolution and Public Service and Administration departments.

“After reviewing the information so far provided to us vide your above referenced letter, it was noted that most of the information requested has not been provided and the information so far provided has not been owned by the concerned chief officer,” reads the letter.

On March 23, 2020, NMS Director General Mohammed Badi met the county executives whose departments were handed over to the National Government.

The CECs handed over reports of each sector highlighting the projects either planned or ongoing, budget allocation, staff payroll and other data.

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