Solicitor General Kennedy Ogeto has Friday clarified that the Nairobi Metropolitan Services (NMS) is a lawfully established entity of the National Government.
In addition, Ogeto says that NMS was charged with carrying out the functions that were transferred by the Nairobi City County Government to the National Government through the deed transfer signed on the 25th February 2020.
This response by the Solicitor General was after reports on social media claimed that the NMS had been declared unconstitutional by the courts.
“We wish to state for the record that the said allegations are untrue and unfounded,” he notes.
According to Ogeto the legality of NMS was challenged in the case of Okiya Omtata Okoiti v Nairobi Metropolitan Services &3 others; Mohammed Abdala Badi & 9 others (2020).
The said case was determined and a final judgement rendered by the court on 17th September 2020.
“By the said decision by the Court, it was found that the 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 the entity.”
“In accordance with the law, in paragraph 84 of the judgement, the Court stated that “the declaration of illegality of the NMS as created is now lifted,” notes Ogeto.
NMS Director-General Mohamed Badi has also come out to clarify that the decision mentioned above by the Solicitor General has not been challenged nor overturned by the Court of Appeal or set aside by the High Court or any other court.
In conclusion, Badi says NMS remains committed to enhancing service delivery to the residents of Nairobi.
By Beth Nyaga