High Court Declares NMS Unconstitutional

Nairobi Metropolitan Service (NMS) was formed by the President in March of 2020 with Major General Mohamed Badi appointed as the Director.

Major General Badi was deputized by Enosh Momanyi where they took over four key devolved functions of Nairobi County including; health, transport, public works, utilities, planning, and development dockets.

However, the Law Society of Kenya (LSK) through its president Nelson Havi wrote to Director Badi declaring NMS as an illegal entity.

The LSK failed to nominate one of its members to the NMS Physical and Land Use Planning Liaison Committee, on grounds that NMS was not founded under the law.

In June 2020, Justice Helen Wasilwa found that the signed deal between former Nairobi Governor Mike Sonko and President Uhuru Kenyatta was illegal.

According to the ruling, Justice Wasilwa said, “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."