Solicitor General Kennedy Ogeto has come out to clear the air regarding the legality of the Nairobi Metropolitan Service after reports the court had declared it was unconstitutional.
“We wish to state for the record, that the said allegations are untrue,” Ogeto said in a statement on Friday.
He said that the legality of NMS was challenged in a case by activist Okiya Omtata last year and the case was determined in a final judgment that was issued in September 2020.
“By the said decision, the Court found that NMS was properly and lawfully established vide the Executive Order No. 3 of 2020 and that the County Assembly was involved in the process leading to the establishment of NMS in accordance with the law.”
The Solicitor General added that NMS remains a lawfully established entity of the national government, mandated to carry out the functions that were transferred to it by the Nairobi City County Government.
“As the Office mandated by the Constitution to present the national government in court, we wish to confirm that we are not aware of any decision declaring the NMS unlawful, for whatever reason.”
In September 2020, Labour Court judge Justice Hellen Wasilwa declared that the NMS 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.
In June 18, 2020, the judge 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.
