Nairobi Metropolitan Service officially falls under the Executive Office of the President, making it a public office.
Following the new development under Executive Order 1 of 2020, President Uhuru Kenyatta recognized the body as a public amenity.
This means henceforth, NMS will receive funding from the national government. Additionally, the Public Service Committee will conduct the recruitment of all its staff.
The Nairobi Metropolitan Service
Headed by Major General Mohammed Badi, the office will need to implement the deed of transfer of functions executed between Nairobi City County government and the national government.
NMS came into existence on March 18 after Governor Mike Sonko signed the transfer of the deed of functions to the State.
Under the deed, four functions of the county, including public works, planning, and management, health, and ancillary services, went to the National government.
LSK on NMS
However, last month, the Law Society of Kenya President Nelson Havi stated NMS was illegal as it didn’t meet the criteria for a public office.
Mr. Havi responded to NMS deputy director-general Enosh Onyango request for the body to propose an advocate of the high court to be a representative in the soon to exist Land Use Planning Liaison Committee and NMS Physical.
In the letter dated May 15, the LSK president rejected the request stating NMS establishment lacked any legal foundation. Following the illegitimacy, they couldn’t nominate any of its members to serve in the liaison committee.
He further added the Nairobi Metropolitan Service didn’t exist under the Kenyan law. Moreover, he said no law allowed the publication of the body according to Article 7.1 of the deed.
Article 7.1 of the deed specifies that the national government shall prescribe and establish an institutional framework for the implementation of the transferred functions.
Therefore, Mr. Havi said NMS didn’t meet all the criteria as stipulated under Article 260 of the constitution to make it a public office.