High court declines to suspend Sakaja's school feeding programme

The High Court on Thursday declined to suspend Nairobi county's school feeding programme.

It said doing so would not be in the best interest of the children.

Justice Mugure Thande said the interest of the children is of paramount importance hence 'conservatory orders sought cannot be issued at this stage'.

“I decline to grant any conservatory orders at this stage. To suspend the programme at this stage will be against the best interest of the children who are targeted to benefit from this program," she said.

A lobby had early this month gone to court seeking to suspend Nairobi County’s Sh1.2 billion primary school feeding programme, a move that could have denied over 250,000 learners the opportunity to enjoy a meal a day while in school.

Tunza Mtoto Coalition executive director Janet Muthoni Ouko, whose lobby represents privately owned informal schools, had asked the Constitutional and Human Rights Court to suspend the programme until her case is heard and determined.

She asked the court to give conservatory orders halting and/or suspending the release and spending of the money allocated to the school-feeding programme known as “Dishi na County” which is meant to benefit public primary schools. 

However, Lady Justice M Thande ordered that the petition and application by the petitioner shall be heard together and all responses shall be filed and served by August 4.

Respondents and interesting parties have also been ordered to file submissions by September 1.

In the petition, Ouko had asked the court through a notice of motion to bar Sakaja from utilising any of the allocated Dishi na County programme.

She also argued that the formulation and implementation of policies in regard 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."

However, last week Governor Sakaja signed an Intergovernmental Partnership Agreement with the National government on the implementation of school meal plan in Nairobi.

The Sh1.7 billion agreement sets forth the terms of understanding between the parties in the implementation of the school meals programme in public primary schools in Nairobi.

The signing was between the governor and Education CS Ezekiel Machogu and was witnessed by Treasury CS Njuguna Ndung’u 

The agreement took effect as of July 17, for three years.

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.