High Court Declares NMS Unconstitutional

In a petition submitted by the Law Society of Kenya, a High Court found the Nairobi Metropolitan Services (NMS) illegal on Friday.

The ruling comes a day after High Court Judge James Aaron Makau ruled that Executive Order No. 1 of 2020, dated January 14, 2020, placing the country’s judiciary under the control of Kenya’s executive branch, led by President Uhuru Kenyatta, was unconstitutional.

“A declaration is issued that the Executive Order No. 1 of 2020 purporting to organise the Government and set out Judiciary and it Tribunals, Commissions and Independent bodies under Ministries and Government departments as unconstitutional, null and void ” the High Court ruled

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.

Judge Helen Wasilwa ruled in June of last year that the agreement between former Nairobi Governor Mike Sonko and President Uhuru Kenyatta was unconstitutional.

In September, she would overturn the directives, allowing almost 6000 county employees who had been seconded to the agency to formally relocate.

The State had complied, according to Justice Wasilwa, by involving members of the county legislature and having public meetings.

“It is, therefore, my finding that the applicants (Attorney General and Badi) have demonstrated to this court by exhibiting evidence of the involvement of the County assembly in the transfer of functions to the National Government. I, therefore, find that the declaration of illegality of the Nairobi Metropolitan services as created is now lifted, she ruled