A High Court on Friday, June 2021 declared the Nairobi Metropolitan Services (NMS) unconstitutional in a petition filed by Law Society of Kenya.
The court said the deed of transfer of functions executed between the national government and the Nairobi Government was unconstitutional and unlawful.
The Law Society of Kenya (LSK) had filed a petition in 2020, arguing that Nairobi Metropolitan Services (NMS) was not a body established or recognized in law.
On June 18, 2020, High Court judge Hellen Wasilwa had ruled that the constitution of NMS was illegal and unconstitutional in response to a case filed by activist Okiya Omtatah.
She went ahead and directed NMS to rectify the illegality within 90 days.
However, days later, she revised the ruling saying NMS was properly constituted.
Law Society of Kenyan chairperson Nelson Havi was shocked by the about-turn, going to his social media pages to express concern.
“How? Some things cannot be explained even when you get enraged.”
On her part, LSK council member Esther Ang’awa advocated for the merge of the High court and Court of appeal.
“ Let’s always apply to High Court to rethink its judgments and save judicial time and resources,” she stated.
NMS was formed in March of 2020 with Major General Mohamed Badi at the helm.
Badi, deputised 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.