The Attorney General(AG) is expected to give legal advice to the National Treasury concerning the constant pull and push between City Hall and the Nairobi Metropolitan Services (NMS).
This is according to a letter to Maj General Mohamed Abdalla Badi, Director-General Nairobi Metropolitan Services, dated 15th October, 2020, written by National Treasury Cabinet Secretary Ukur Yatani
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This communication is in response to an earlier one written to Treasury, dated 3rd September, 2020 by NMS concerning payment of salaries for staff seconded to the outfit.
The Nairobi County Assembly recently allocated City Hall KSh6.4 Billion and the NMS KSh27.1 Billion for the financial year 2020-21.
Available figures indicate that the Nairobi County Government has an estimated 11,603 workers. Out of this, some 6,052 have since April been redeployed to NMS.
The Assembly resolved that City Hall and the NMS will each cater for its pending bills and salaries of staff. Perhaps it is this resolution that prompted NMS to write to Treasury for further guidance on the matter.
NMS and City Hall have drawn separate budgets for its staff.
While the Public Service Commission (PSC) transferred Health, Transport, Public Works, Utilities and Ancillary Works, Planning and Development to the NMS, the critical Finance Department remains with City Hall-thus frustrating any executions by NMS.
The NMS has been pushing City Hall to hand over the payroll of 6,502 County staff seconded to it. This is according to the Deed of Transfer of functions in February 2020.
City Hall insists that finance is not one of the functions transferred to NMS. On the other hand, NMS wants to take care of pending bills and contracts.
Both City Hall and NMS entered into an agreement that provides for the formation of Committees to advise on issues contained in the notice of a declaration of dispute which includes provision for NMS funds and secondment of staff to NMS.
“Given the legal provisions and ongoing negotiations, National Treasury awaits further guidance from the office of the Attorney General on the way forward,” said CS Ukur Yatani, CS National Treasury and Planning.
Provisions in the County Allocation Revenue Act(2020) require that equitable share allocation due to Nairobi City County Government, including monies for personnel emoluments, shall be transferred to the Nairobi City County Government Revenue Fund Account.
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