A court has declared the Nairobi County takeover deal between Governor Mike Sonko and President Uhuru Kenyatta illegal.

In a decision that now places the Nairobi Metropolitan
Service (NMS) - a product of the deal - in a legal dilemma, Justice
Hellen Wasilwa declared that failure to seek Nairobi County Assembly’s
approval rendered the deed of transfer document and subsequent
appointments unconstitutional.

The case was filed at the Employment and Labour
Relations Court by activist Okiya Omtatah and supported by Sonko, who
has since vowed to fight to have the agreement terminated, citing
frustrations by people close to the president.

Justice Wasilwa, in her judgement yesterday, also found
that the document signed by Sonko, and which the governor later claimed
not to have read before signing, did not provide for NMS as a partner to
the county.

She said the deed of transfer was vague on how the takeover would happen and who was to do what in the arrangement.

The judge gave the government 90 days to regularise the takeover.

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