NMS is Unconstitutional – High Court Declares

The High Court on Friday dealt a major blow to the Nairobi Metropolitan Services (NMS) after it declared it unconstitutional.

The petition had been in filed by Law Society of Kenya (LSK).

The office of the president formed NMS in March of 2020 with Major General Mohamed Badi at the helm after which Nairobi Governor was impeached and replaced with Ann Kananu.

Badi, deputized by Enosh Momanyi, took over four key devolved functions including; health, transport, public works, utilities, planning and development dockets.

LSK through its president Nelson Havi wrote to Badi declaring NMS as an illegal entity.

The body refused to nominate one of its members to the NMS Physical and Land Use Planning Liaison Committee, on grounds that NMS was not founded under the law.

“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 there under,” said Havi.

In June last year, judge Helen Wasilwa found that the deal between former Nairobi Governor Mike Sonko and President Uhuru Kenyatta was illegal.

She would, however, reverse the orders in September allowing more than 6000 county employees who had been seconded to the agency to formally shift.

Justice Wasilwa found that the State had complied by involving members of the county assembly and holding public meetings.

“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 ruled.

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