The Employment and Labour Relations Court has declared the Deed of Transfer of Functions executed between the National Government and Nairobi City County Government as vague and irregular.

Justice Hellen Wasilwa ruled that the deal signed at State House in February this year, was not approved by the County Assembly therefore making it unlawful. The court further declared the transfer of 6,000 county employees and secondment of employees to the Nairobi Metropolitan Services (NMS) as irregular and illegal since the County Public Service Board was not consulted. Justice Wasilwa, however, gave the government 90 days to rectify the illegality failure to which any party will be at liberty to move the court for appropriate action. The judge was ruling in a case filed by activist Okiya Omtatah, in which he sought to have the transfer of Nairobi County functions to the National Government declared unlawful. 


The Deed of Transfer saw the Nairobi County Government handover control of county health, transport, planning and development as well as public works and utilities to the National Government. To operationalize implementation of the Deed, President Uhuru Kenyatta created the Office of the Nairobi Metropolitan Services (NMS) led by Maj. General Mohamed Abdalla Badi as the Director General, to streamline urban renewal projects across the City.