NMS likely to complete projects as Badi to get Sh18.9 billion

NMS' 24-month tenure ends in March but it is expected to complete its projects either through renewal  of its tenure or allocations to wind up its work.

Its exact status is not known. Ann Kananu's admnistration has proposed an allocation of Sh18.9 billion for the 2022-23 financial year.

However, the National Treasury has not allocated NMS anything after its term ends.

It's term expires in March. NMS has been widely praised for cleaning up a lot of garbage, cleaning rivers, building affordable housing, extending the road network, tarmacking roads, uplifting slums, building hospitals and health centres, among other achievements.

But a vast amount of work remains to be done.

The national government last year took control of four crucial county functions from the Nairobi government at a time of concern that Governor Mike Sonko could not run the capital effectively.

Articles 187 and 189 of the Constitution allow for the transfer of power between levels of government to improve services.

President Uhuru Kenyatta, through Executive Order No. 3 of 2020 issued in February last year, transferred crucial health, transport, planning and development and public works functions from the county to Nairobi Metropolitan Services.

It is headed by director general Mohammed Badi.

The signing of the Deed of Transfer left City Hall in control of fewer influential departments, including ICT and E-Government, Education and Sports, Agriculture and Livestock, Trade and Co-operatives and Devolution, Environment and Finance sectors.

In the new budget, highlighted in the draft County Fiscal Strategy Paper ( CFSP) 2022, Governor Ann Kananu's led administration has allocated NMS Sh18.9 billion. That's  Sh300 million less than this year.

"The total allocation for Nairobi Metropolitan Services will be Sh18.9 billion. Recurrent expenditure will take Sh13.5 billion while development expenditure will be Sh5.4 billion," the document reads.

The proposed NMS budget allocation from City Hall contradicts to the National Assembly as the National Treasury has not allocated any money for the Badi-led state agency for the new financial year.

That non-allocation indicates NMS operations will cease with the administration of President Uhuru Kenyatta.

The National Treasury has deleted an allocation for NMS in the new budget, signalling an end of its short tenure.

According to the fiscal strategy paper by finance executive Allan Igambi, the allocation for NMS will give it the opportunity to complete projects.

For Transport, Infrastructure and Public Works, NMS will give priority to enhancing pedestrian safety and connectivity through expansion, rehabilitation and maintenance of road networks.

It will also oversee construction of stormwater drainage, vehicular bridges and  footbridges, public facilities and NMT facilities.

"Reduction of congestion remains a priority in the medium term through the upgrading of traffic management system," reads the fiscal policy  document

The sector priorities for Health Services will be provision of health products and technologies to make health facilities operational.

This will be through rehabilitation and renovation of health facilities, especially cold rooms and mortuaries and ICUs in Mbagathi and Pumwani School of Nursing. 

"NMS will also instal an Electronic Medical System (EMR). This will facilitate automation, digitisation and computerisation of health facility processes," the document reads.

For proper land management, the land subsector under NMS will continuously survey county properties, allotted properties and properties in site and service schemes.

The sector will also continue with the registration and issuance of leases and ensure entrenchment of the new valuation roll.

To ensure spatial order, the urban planning department will ensure efficient development of the approval process as well as promotion of orderly urban development and regularising development.

Issuance of occupation certificates, surveillance and audit of buildings or safety will be continuously undertaken.

The Environment, Energy, Water and Sanitation Services priorities in FY 2022-23 will be an improvement of solid waste management, ensuring compliance to environmental laws and regulations and improvement of the urban aesthetics.

According to the County Fiscal Policy Paper, NMS will also focus on efficient waste collection and transportation, waste recycling, and educating the public on waste management. 

NMS will also focus on improving sanitation by expanding sewer lines and installing public toilets, especially in informal areas.

NMS'  continued work is dependent on Governor Ann Kananu.

Last month, lawyer Demas Kiprono said Kanunu can only extend the deed of transfer agreement until the end of the current regime.

“Legally she is bound under the second county government and cannot go beyond. The agreement was behind the office of the governor of the second administration and the national government. They cannot purport to insert the will of the incoming governor," he added.

Under the Deed of Transfer, terminating the agreement is a task and in the event of a dispute between the parties, the deed requires them to first seek a resolution amicably through negotiations.

If they fail to reach an agreement within 30 days from the date either party writes to the other, they will take the matter to the National and County Governments Coordinating Summit.

“Any amendments, modifications and additions to the Deed can only be conducted by 'a written instrument' duly executed by or on behalf of each party and the deal can only be terminated by the mutual written consent of both parties expressed in a common document,” the agreement reads.

Political expert Herman Manyora said for the extension of NMS to occur, both parties have to look into the deed of transfer agreement.

“The deed of transfer had a term of 24 months. For its extension, both parties have to look into the provisions and follow the right procedure,” he said

Most MCAs support the NMS extension.

Majority leader Abdi Ibrahim Hassan suggested the tenure should be extended until the General Election.

“It is evident that NMS has delivered as directed by the President and if need be, we shall support its extension to continue service delivery to residents,' he said.

Minority Whip Peter Imwatok also said the ODM side wants NMS' term extended and he was working on a motion to achieve that.

He noted the planned motion will call for the transition clause to be invoked after the 2022 general election so a new governor will have a minimum of four and a maximum of six months to return the transferred functions from NMS.

“The achievements of NMS, cannot be allowed to go down the drain by pre-election political intrigues.The motion will call for the extension of the Deed of Transfer for another year or so to allow for completion of the projects," Imwatok added.

(Edited by V. Graham)