NMS is legal, no court has declared it unconstitutional – Government responds to allegations
The government has dismissed reports of an alleged court ruling that declared Nairobi Metropolitan Services (NMS) unconstitutional.
Through the Office of Solicitor General, the government said the court had already ruled that NMS was lawfully and properly established vide Executive Order No 3 of 2020.
"The case was determined and final judgment rendered by the court on September 17, 2020. By the said decision, the court found that NMS was properly and lawfully established ... and that the County Assembly was involved in the process leading to the establishment of the NMS in accordance with the law," Solicitor General Kennedy Ogeto said.
On Friday, reports emerged that High Court had declared NMS unconstitutional following a petition by the Law Society of Kenya prompting the government to respond.
In June 2020, Lady Justice Hellen Wasilwa of the Employment and Labour Relations Court ruled that the transfer of some functions of Nairobi County to the General Badi run outfit was vague and unconstitutional, citing lack of approval by the County Assembly.
“The transfer of the county functions ought to have been sanctioned by the County Assembly which was not done,” ruled the Judge.
Wasilwa declared illegal the seconding of 6,000 Nairobi County staff to Nairobi Metropolitan Services (NMS).
She said the national government ought to have consulted the County Public Service Board before seconding the employees to the newly-formed agency.
