This archive report was first published on 11 June 2021.
On 25th February 2020, the Nairobi City County Government transferred its functions to the National Government through a deed transfer, which led to the establishment of the Nairobi Metropolitan Services (NMS).
According to Solicitor General Kennedy Ogeto, NMS is a lawfully established entity of the National Government, contrary to reports claiming it had been declared unconstitutional by the courts.
Speaking on the matter, Ogeto stated, 'We wish to state for the record that the said allegations are untrue and unfounded.'
The legality of NMS was challenged in the case of Okiya Omtata Okoiti v Nairobi Metropolitan Services & 63 others; Mohammed Abdala Badi & 9 others (2020), which 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.
As a result, the declaration of illegality of the NMS as created is now lifted, as stated in paragraph 84 of the judgement.
NMS Director-General Mohamed Badi has also clarified 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.
He further stated that NMS remains committed to enhancing service delivery to the residents of Nairobi.
