High Court has declared the Nairobi Metropolitan Services (NMS) unconstitutional in a petition which was filed by the Law Society of Kenya.
President Uhuru Kenyatta oversaw the formation of NMS in March of 2020 picking Major General Mohamed Badi at the helm. It was formed to help the former Governor Mike Mbuvi Sonko execute his duties in the city.
Badi, deputized by Enosh Momanyi, under NMS took over four key devolved functions including; health, transport, public works, utilities, planning, and development dockets which Sonko signed in an event held at State House.
LSK through its president Nelson Havi wrote to Badi declaring NMS as an illegal entity.
“Given that the establishment of NMS lacks any legitimate legal foundation, the Society cannot be expected to nominate any of its members to serve in the Liaison Committee. We have made the conclusion that NMS is not a body established or recognized in law and, by extension, neither is the Liaison Committee sort to be constituted thereunder,” said Havi in his letter of protest.
However, it is not the first time the court is ruling declaring NMS illegal. Judge Helen Wasilwa in June last year ruled that the deal which was brokered between Mike Sonko and President Uhuru that led to the formation of NMS was illegal.
She later reversed the verdict in September which allowed more than 6000 county employees to take up their roles under NMS.
Judge Wasilwa in her ruling concluded that NMS was legally formed as the deal that gave birth to it involved members of the county assembly and went further to hold public barazas that informed the decision.
“It is, therefore, my finding that the applicants (Attorney General and Badi) have demonstrated to this court by exhibiting evidence of the involvement of the County assembly in the transfer of functions to the National Government. I, therefore, find that the declaration of illegality of the Nairobi Metropolitan services as created is now lifted,” she said in the ruling.
Nominated Senator Milicent Omanga has lead other Kenyans to announce the ruling which is music to her ears and fellow political leaders associated with Deputy President William Ruto.
High Court declares Nairobi Metropolitan Services (NMS) unconstitutional in a petition filed by Law Society of Kenya.
When it rains, it pours.
— Millicent Omanga (@MillicentOmanga) June 11, 2021