The Attorney General may have to lead fresh talks between the Nairobi Metropolitan Service and the Nairobi City County Government to unlock the stalemate on how the agency can be funded.
This is after the Highcourt stopped any disbursement of funds to the NMS until a case challenging the legality of the 2020/21 Appropriation Bill is heard and determined.
The case filed by Nairobi Governor Mike Sonko will be heard on 15th December 2020.
High Court Judge Antony Mirima said that the conservatory orders will be in force for 10 days within which all parties concerned should convened a meeting to discuss settlement of the issues related to the budget within seven days.
The talks will involve the Nairobi City County Government,Nairobi Metropolitan Service , Nairobi City County Assembly and will be led by the County’s Attorney General.
The judge further ruled that the court shall review the progress of the settlement and could extend the conservatory orders if need be.
The court found it possible to listen to the Governor’s amended petition and will dispense all cases arising from the same.
” The Highcourt is only seized of jurisdiction to deal with the amended petition dated 16th November,2020 on the constitutionality and legality of the Nairobi City County Appropriation Act,2020,the constitutionality and legality of the Deed of Transfer of Functions dated 25th February,2020 and the interpretation of Article 187(2)(b) of the constitution.
However, Judge Mrima emphasized the need for all parties concerned to find settlement of the matter because of the impact it has to Nairobi residents.
This means that the Attorney General may have to immediately convene a meeting between the county and NMS to expedite key issues and concerns raised by the Governor.
The NMS was due to get Sh 27.1billion for this Financial years budget.The governor rejected the budget in a memorundum sent to the assembly.
He has reiterated his willingness to release funds to the NMS as long as everything is done within law.