The High Court in Milimani on Thursday, July 13, suspended Nairobi Governor Johnson Sakaja’s school feeding program after a petitioner moved to court arguing that it's not the mandate of a devolved unit.
The constitutional court issued conservatory orders on the planned ‘Dishi na County’ feeding program in Nairobi primary schools expected to cost taxpayers Ksh1.2 billion.
The orders follow a petition filed by Tunza Mtoto Coalition Executive Director Janet Muthoni Ouko.
Through the conservatory orders, the High Court ruled that Nairobi County should not release any money towards the program pending the determination of the case.
“A conservatory order be and is hereby issued staying, halting and/or suspending the release and the utilisation of the funds allocated to the school feeding programme,” the High Court ruled on the Ksh1.2 billion program.
Additionally, the High Court suspended the release of Ksh500 million that had been allocated in the 2023/2024 Financial Year to go towards inclusivity, public participation and engagement in relation to the school feeding program.
Speaking to Kenyans.co.ke minutes after the orders were issued, Janet Ouko noted it was a big win for the rule of law.
“The governor erred in launching the school feeding program. That is not a mandate of the counties rather it is the national government’s role,” she remarked.
In her petition, Janet Ouko had faulted Sakaja and the Nairobi City County for s arbitrarily and unlawfully launching the school feeding program.
“No legal notice was ever published authorizing the transfer and delegation of powers, functions and competencies of the national government function in respect to primary schools to the County Government,” the Tunza Mtoto Coalition Executive director had noted in her submissions.
Nairobi County under the leadership of Sakaja is currently constructing 10 kitchens across the capital with the programme targeting to feed 250,000 pupils in public primary schools.
“Nutritious meals will be cooked in these kitchens and the meals transported in special sealed containers and special vehicles to surrounding schools.
“Each kitchen is expected to produce about 10,000 nutritional meals daily,” Sakaja noted on Tuesday, June 20.
Janet Ouko noted that this would drive inequality in the country as there were more needy children in informal schools than in public institutions.
