A Judge of the Labour Court has revised her earlier decision in which she declared the establishment of Nairobi Metropolitan services (NMS) as unconstitutional.
Justice Hellen Wasilwa has now declared that the service was legally created.
She made the finding after the applicants -NMS - provided evidence showing the involvement of the County Assembly in the transfer of functions to the National Government.
Wasilwa said the instrument that established NMS was exhibited in court, sealing any loophole.
The same Judge had on June 18 this year made a finding that the Deed of a Transfer of functions of Nairobi County Government was done by the county without the involvement of the County Assembly and the Constitution was breached.
She declared NMS was an illegality but still suspended the same decision and gave parties in the case a window period of 90 days for the agency to be established in accordance with the law.
The Judge has now lifted the declaration after documents were submitted in court to prove the creation of NMS was lawful and constitutional owing to the fact that the County Assembly was involved in the transfer of functions.
