A lobby has moved to court to challenge the legality of Nairobi Governor Johnson Sakaja's school feeding programme.
Tunza Mtoto coalition on Wednesday filed a petition against the implementation Sh1.2 billion feeding project.
In the petition former CEC for Nairobi, Janet Ouko argues that the formulation and implementation of policies in regards to basic education is performed by the national government.
“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," the petition reads.
"Neither was there Deed of Transfer signed between the National Government and the County Government authorising the transfer of the said functions and therefore the launch by the 1st and 2nd Respondents is illegal, unconstitutional and a gross violation of Articles 185(2), 186(1) and 187(2) of the Constitution, 2010."
Ouko has also asked the court through a notice of motion to bar Sakaja from utilising any of the allocated Dishi na County programme.
“Because of the Respondents’ reckless and illegitimate exercise of power, too many public resources are going towards sustaining the illogical, unsustainable and unconstitutional programme at the expense of development programmes in the County of Nairobi hence the need stay, halt and/or suspend the programme and the budget allocated to the said programme pending the hearing and determination of this Petition,” the petition reads further.
The lobby termed the matter as urgent, arguing that on Wednesday Education CS Ezekiel Machogu met with the head teachers drawn from all primary schools for a briefing on the school feeding initiative which shows that the respondents are gearing towards commencement.
"The construction of the said kitchens has already begun. It is therefore just that this application be heard on a priority basis and that the orders sought to be granted to avert a miscarriage of justice,” reads the petition.
However, the petition is yet to be heard and determined.
According to Sakaja, it will cost Sh5 for school children in public schools and ECDEs within Nairobi to get free meals in the next financial year 2023-24.
Already, the groundbreaking of the construction of central kitchens took place in 10 subcounties last month.
The construction is expected to take about 10 weeks with the first meal set to be served on the first day of the third term of this school year.
The subcounties include Dagoretti North, Embakasi Central, Embakasi South, Kasarani, Kibra, Makadara, Starehe, Roysamu, Ruaraka, and Westlands subcounties.
Governor Sakaja said 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.