Nairobi Governor Mike Sonko has declined to produce crucial documents and information relating to the four transferred functions to the National Treasury.
The Treasury had sought the information through the office of the county secretary to facilitate the smooth transfer of the four functions.
But the governor, in a letter on Wednesday, declined to provide any information, citing "persistent and consistent" breach of the deed of transfer.
The letter authored by acting county secretary Justus Kathenge said Sonko has already kicked off the process of pulling out of the deal.
“This is to inform you that I am under firm and clear instructions from His Excellency the governor as chief executive officer of the Nairobi City County Government not to provide any related information,” reads the letter.
The letter adds, “This is due to consistent and persistent breach of the terms of the deed of transfer if functions. Be informed His Excellency the governor has initiated the process of pulling out of the arrangements to revert the functions to Nairobi City County.”
The Treasury had first requested for the information in a letter by Joseph Welimo on behalf of the internal auditor.
The letter is referenced preparation for handing over-taking over of functions transferred from the Nairobi City County Government to the National Government.
Among the documents and information requested were human resource data, project status, pending bills, vote book balances, list of assets and liabilities, outstanding but collectable revenues, manuals, legal frameworks, pay bill numbers, and service charters.
Welimo reminded the county in another letter on Tuesday after the county failed to provide the information sought in the initial letter.
“Our letter was very clear on which information was required from the four departments and the ancillary services.
“After reviewing the information provided to us vide your above reference letter, it was noted that most of the information requested has not been provided,” Welimo said in the April 28 letter.
Last week, Sonko threatened to start terminating the deed of transfer of county functions, citing frustration and constant breaches of the deed by some unnamed officers in President Uhuru Kenyatta’s circle who had ‘hijacked’ the deal.
The governor signed away Health, Transport, Public Works, Planning and auxiliary services in a ceremony presided over by the President in on February 25.
Welimo noted that two sectors - Finance an Economic Planning, Public Service and Administration - had not presented any information.
“The information so far provided has not been owned by the concerned chief office; however the head of internal audit unit and risk management through his memo ref no AUD/1/4/699 provided all the information that was required from his unit and even owned the information by signing this memo,” his letter said.
He said that media reports had indicated that all the affected sectors submitted their reports to the National Metropolitan Services.
“If indeed the reports were handed over to the National Government, then the same reports be made available to us for review, so that we can advise the PS Treasury accordingly,” Welimo said.
He lamented that almost one month after the functions of transfer no meaningful progress has been made.
The officer asked the county to provide the information so that "we can make progress in the right direction and for decision making."
He cited Section 162(3) of the PFM (National Government Regulations 2015 stating that the internal auditor should have unrestricted, direct and prompt access to all records, officials or personnel holding any contractual status and to all premises and properties of the entity.
“Please note that if the reports are not made available by the end of business Monday, May 4, 2020, we will proceed to issue the report to Treasury PS and you will have contravened the above section whose penalties can be found in section 197 (k) of PFM Act, 2012,” Welimo said.
- mwaniki fm