High Court Judge Mugure Thande on Thursday, July 27 allowed Nairobi Governor Johnson Sakaja to continue with the feeding program in the county.
In the ruling, the judge noted that kitchens across the county have been constructed and the program should go on for the benefit of pupils.
Justice Thande ruled that the court's decision was in the best interest of the children as outlined in the Constitution but has set a date for the hearing in August 2023.
Sakaja has welcomed the ruling, asserting that children in Nairobi schools deserve better food.
"I thank the court for not allowing itself to be misused. I am happy that the court has refused to stop this program, " the governor remarked.
He questioned why anyone was fighting the program that seeks to feed children from poor backgrounds and relieve the parent of the burden of feeding the child.
“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 stated on June 20.
The program dubbed Dishi na County will see students in Nairobi pay Ksh5, a day for a meal. The program has been backed by President William Ruto and his deputy Rigathi Gachagua.
"As Kenya intensifies implementation of strategies for sustainable food security, global partnership and a review of Funding Food System will accelerate zero hunger, improved health, access to quality education, among other Goals under Agenda 2030," Gachagua stated on 24, July.
Speaking to Kenyans.co.ke the petitioner, Janet Ouko expressed her dissatisfaction with the ruling that is only aimed at benefiting a few individuals.
The former Nairobi County Education CEC added that it was outrageous for the county government to spend almost Ksh5 billion per year for the feeding program while some schools did not have classrooms, toilets, and other essential facilities.
The petitioner noted that she was advocating for schools to get a better learning environment. She added that some school-going children are still on the streets while the county government is using billions to construct kitchens.
"Sakaja argued that the program was being funded by both the national and county government. It is not the mandate of the county government to conduct such a program," she stated.
She has claimed that the program is a conduit to benefit the governor's close allies with tenders.
