NMS and City Hall urged to come up with joint policy to guide transfer of staff
Nairobi MCAs now want the county government to work together with Nairobi Metropolitan Services (NMS) to develop a policy, for approval by the county assembly, to guide transfer of staff between the two offices.
The policy, according to the ward representatives, will put to an end any more rifts between the two offices in regards to secondment and/or deployment of public officers from the county government to NMS.
SERVICE DELIVERY
Through a motion by Kilimani MCA Moses Ogeto, the MCAs said the guidelines will further enhance seamless service delivery to Nairobi residents.
Mr Ogeto pointed out that there has been a rift between the two offices on various issues such as process of secondment and/or deployment of public officers from the county government to NMS.
“This Assembly urges the County Executive in conjunction with the Nairobi Metropolitan Services to develop guidelines for approval by the County Assembly on the secondment and/or deployment of officers from the county government to NMS to enhance seamless service delivery to the residents of Nairobi,” reads in part the motion.
On February 25, 2020, Governor Mike Sonko signed a Deed transferring some of the County Government functions such as health services, transport services, county planning and development services and public works to the National Government with NMS being established to spearhead the implementation of the transferred functions for two years.
CITY HALL TUSSLE
On one hand, Governor Sonko maintains that the constitutional responsibility for performance of the function or exercise of power on transferred functions shall remain with the government to which it is assigned by the Fourth Schedule in accordance with Article 187 (2) (b) of the Constitution.
Nevertheless, NMS upholds that the county government’s public service board signed a service level agreement with the Public Service Commission (PSC) giving the latter the power to second the former’s staff to NMS.
The rift between NMS and City Hall started in April when NMS through the PSC seconded 6,052 City Hall employees to the new office.
This attracted the ire of Sonko who accused the Commission of acting in bad faith saying they have no jurisdiction whatsoever over the employees of the county government, noting that the responsibility still remains with the Nairobi County Public Service Board.
UNLAWFUL DEED
“The Public Service Commission, on the other hand, should operate within its mandate, and can only second national government officers to the Nairobi Metropolitan Services,” Sonko said.
In June, 2020, the High Court declared the Deed executed between the national government and Nairobi County government irregular as it was not approved by the County Assembly, therefore, making it unlawful.
This followed a petition to the court in April by activist Okiya Omtatah who wanted NMS declared an illegality since there were no instruments of its establishment and therefore established in contravention of the law.
Employment and Labour Relations Court judge Justice Hellen Wasilwa in turn gave the government 90 days to rectify the illegalities, failure to which any party will be at liberty to move to court for appropriate action.