The High Court sitting in Nairobi has declared the newly created Nairobi Metropolitan Services (NMS) unconstitutional and is running Nairobi county affairs illegally, following a petition filed by the Law Society of Kenya. In May last year, LSK through its president Nelson Havi, declined to nominate an Advocate of the High Court to be a member of the NMS Liason Committee, saying the body is not recognized under the country’s constitution and should not expect any of its members (LSK) to serve in it.
“We took the liberty to peruse every publication of the Kenya Gazette made subsequent to publication of Deed of Transfer to confirm if there has been publication of any statutory instrument prescribing and establishing NMS as the institutional framework pursuant to Article 7.1 of Deed of Transfer and made in accordance with provisions of the Statutory Instruments Act. 2013. We are yet to find one.”
“After careful consideration of the above and in the absence of a statutory instrument establishing NMS, 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. Given that the establishment of NMI lacks any legitimate legal foundation, the Society cannot be expected to nominate any of its members to serve in the Liaison Committee,” Havi said last year.
With today’s ruling, eyes are now firmly glued on President Uhuru Kenyatta and his next move, after suffering a series of defeat in the corridors of justice.