An earlier ruling declaring the transfer of functions from the County Government to the Nairobi Metropolitan Services (NMS) as unconstitutional has been revised.
Judge Hellen Wasilwa of the Employment and Labour Relations Court on Thursday, September 17, reversed the ruling stating that the transfer was legal and within the constitutional guidelines.
"...Having found as above, I, therefore, find that the declaration of illegality of the Nairobi Metropolitan Services as created is now lifted.
"I also find that the deployment and secondment of 6,000 county staff to the newly formed agency by the Public Service Commission (PSC) was done within the correct framework of the law," the ruling read in part.
In the earlier ruling, she found that the Deed of Transfer was not approved by the County Assembly.
In her judgment, Justice Wasilwa suspended the declaration of illegality from taking effect for a period of 90 days.
The applicant in the case however submitted documents to prove that the establishment of the agency was lawful and constitutional owing to the fact that the County Assembly was involved in the transfer of functions.
After months of feuding, Nairobi Governor Mike Sonko and NMS General Mohammed Badi in August, 2020 agreed to work together to deliver services to Nairobi residents.
"I apologise for all the bad things I have said against Badi. Going forward we will work together," Sonko stated at the time
On his part, the NMS Badi assured that there is no animosity between him and the governor.
“We will work together to build roads, issue title deeds and deliver other services. We only want to inform you that we will work together," Badi reiterated.
The duo teamed up to avert a crisis where health workers had threatened to go on strike. In addition to looking into the workers' financial grievances, Badi promised that all public hospitals would be equipped with PPE kits to help in the management of the Covid-19 pandemic.
