The High Court on Monday suspended the implementation of the Nairobi City County Appropriation Act.
The Bill was passed in June this year, ending a two-month deadlock over funds between the county and the Nairobi Metropolitan Services.
Justice Anthony Mrima in suspending its implementation further restrained the National Treasury and the Controller of Budget from disbursing any funds on the basis of the Nairobi City County Appropriation Act. The order will be in force for 10 days.
The Judge further directed the Nairobi City County Government, Nairobi Metropolitan services, the Attorney General, Major General Mohammed Badi to convene a meeting and discuss settlement of the issues relating to the Nairobi City county appropriation Act within seven days.
The Attorney General shall be the convener of the said meeting.
Mrima agreed with the county government that it is in great public interest that the constitution and the law are fully complied with.
He directed the matter be mentioned on December 15 to review the progress of the settlement regarding the Act.
“I have carefully read and understood the contents of the material before me. The allegations made by the county against the enactment of the Nairobi City county Appropriation Act are weighty and enormous,” said the Judge.
Some of the allegations include lack of public participation and introduction and failure to deal with an uncushioned deficit of Sh5 billion.
The county has also alleged that voting on the Governors memorandum on the then Nairobi City County Appropriation Bill, 2020 was seriously and fraudulently flawed and that the result was not the expression of the will of the members, among many other serious allegations.
The Judge said that if the Appropriation Act is to be implemented as it is, and once the petition is determined and the red flags as claimed by the county is merited, the situation will be irreversible since NMS will have committed any funds allocated to them.
The result he said will lead to the county being in serious financial deficit among others.
The petition by the Nairobi county government seeks intervention on the interpretation of the constitution, the legality of the appointment, deployment and secondment of officers of the Kenya Defence forces into the NMS, and the constitutionality of the Nairobi city county appropriation act.