The High Court has declined a second plea to suspend Nairobi County’s school feeding programme dubbed Dishi na County.

Justice Chacha Mwita yesterday declined plea by a lobby group to halt the Sh1.2 billion programme, a move that could have denied over 250,000 learners in public primary schools the opportunity to enjoy a meal in school, pending his judgment in June.

“I decline to grant any conservatory orders at this stage as l retire to write my judgment on the petition. To suspend the programme at this stage will be against the best interest of the children who are currently benefitting from this programme,” Justice Mwita stated.

Petitioner, Tunza Mtoto Coalition Executive Director Janet Ouko, whose lobby represents privately owned informal schools had asked the Constitutional and Human Rights Court to suspend the programme, pending the court’s verdict to be rendered in June.

She asked the court to give conservatory orders halting the programme and the release and spending of the money allocated to it.

However, Governor Johnson Sakaja vehemently opposed the application, saying the interests of the children benefitting from the same is of paramount importance and its would be appropriate to await the court finding whether the project was launched illegally or not.

In her submissions, the petitioner urged the court to declare the project unconstitutional and illegal since Sakaja and the Nairobi City County arbitrarily and unlawfully launching the programme without public participation.

“No legal notice was ever published authorising the transfer and delegation of powers, functions and competencies of the National government function in respect to primary schools to the County Government,” Muthoni told the judge.

According to the petitioner, the project will cost taxpayers billion of shillings if it is allowed to continue.

Muthoni contended that the feeding programme entrenches inequality as it only targets a section of learners in public primary schools while entirely neglecting those in non- formal schools.

Legal procedures

Sakaja, however, asked the court to strike out the suit on grounds that all legal procedures were followed before the project was officially launched last year.

He refuted claims that he usurped President William Ruto and Ministry of Health’s mandate during the launch of the multi-billion shilling public feeding initiative.

“Before the launch (of the school feeding programme) there was appropriate cooperation between the National and county Government to ensure optimum delivery of service,” Sakaja told the judge.

According, to the county boss, Article 189(1) (2) of the Constitution provides that the government at each level and different government at county level shall cooperate in the performance of functions and exercise of powers and for the purposes they may set up joint committees and authorities.

“From the affidavit of the petitioner, it is quite evident that Muthoni is more concerned about who was present at the launching of the feeding programme than whether the same amounts to transfer of powers to which I wish to state that the launch of the programme was graced by His Excellency the President of the Republic of Kenya. As such, if the petitioner’s assumptions are based on the launch, then she ought to know that the President of Kenya is the representation of the National government,” Sakaja stated.

He dismissed the petitioner’s claims that proper public participation was not done, saying that having spearhead the school programme he called upon various agencies and the voters of Nairobi to give their views.

“ I can authoritatively state that public participation was properly invoked where residents and voters of Nairobi City County were invited to participate in the decision making on the intended school feeding programme as the same was done in accordance to Article 10 of the Constitution and the Nairobi City County Public Participation Act of 2016,” Sakaja stated.

Duly executed

He also revealed that there exists a Inter-Governmental Partnership Agreement emanating from both the National government and the Nairobi County Government through the Ministry of Education as the same is duly executed by Cabinet Secretary Ezekiel Machogu, and him on behalf of the Nairobi county.

“I am rather surprised that the petitioner is alluding to the fact that the intergovernmental agreement is not executed despite the fact that her advocate on record was duly served with the physical copy of my replying affidavit which had the duly executed agreement,” Sakaja stated.

County boss gave an elaborate explanation of the programme. saying that since its launch it has fed all learners with each pupil consuming 650 grams of a balanced hot meal each school day.

Governor said that over 10 kitchens were constructed and a completed Giga kitchen located in Industrial Area that has been supplying approximately 60,000 meals a day.

Sakaja says it cost Sh5 for school children in public schools and ECDEs within Nairobi to get free meals and his administration has also put structures for those that are less fortunate and with disabilities.

According to Sakaja, the project is part of a vision he had for years, to ensure the provision of a daily nutritionally balanced hot meal for all children in public primary schools and public Early Childhood Development centres.