NMS Rules Out Unconstitutional Declaration Reports

In a statement, Ogeto stated that the allegations that made headlines online that declared NMS illegal were in fact, untrue.

NMS Rules Out Unconstitutional Declaration Reports

Solicitor General Kennedy Ogeto has addressed reports of the Nairobi Metropolitan Service (NMS) being declared unconstitutional on Friday, June 11.

In a statement, Ogeto stated that the allegations that made headlines online that declared NMS illegal were in fact, untrue.

“We wish to state for the record, that the said allegations are untrue,” Ogeto mentioned.

Solicitor General Kennedy Ogeto. /TWITTER

He added that the legality of NMS was challenged in a case by activist Okiya Omtata in 2020 and the case was determined in a final judgment that was issued in September of that year.

“By the said decision, the Court found that 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 NMS in accordance with the law.”

Ogeto further advised media houses to verify information before disseminating to the masses in form of reports to avoid misleading the public.

High Court judge Hellen Wasilwa, after the petition, on June 18, 2020, ruled that the NMS was an illegal body. She, however, later ruled that it a legal entity, allowing more than 6,000 county employees who had been seconded to the agency to formally shift.

“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.

Ogeto stated that, as the entity's legal counsel, he was not aware of such a declaration by the court.

"In this regard, the NMS remains a lawfully established entity of the National Government, charged with carrying out the legal functions that were transferred by the Nairobi City County Government to the National Government through the deed of transfer signed on the 25th February 2020," Ogeto stated.

President Uhuru Kenyatta with NMS Director-General Mohammed Badi and former Nairobi Governor Mike Sonko. /FILE