The High Court has dismissed a case that challenged the school feeding programme in Nairobi County.
Justice Chacha Mwita on Friday said that halting the programme will not be in the interest of the children.
The judge further said that stopping the programme would affect so many children who are already benefitting from the initiative.
"It was for the welfare of the children that the programme was initiated, we can't halt it we will be running away from the issues affecting the children," Mwita said.
In the case, a lobby dubbed ‘Tunza Mtoto Coalition Kenya’ moved to court and challenged the programme for students enrolled in public primary schools in the county.
In the suit, Tunza Mtoto Coalition Executive Director Ouko argued that the programme dubbed ‘Dishi na County’ is illegal as education is a National Government function.
“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 a 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.”
In the petition, Ouko who was the former County Education CEC for Nairobi 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.
According to Ouko, at least Sh1.7 billion has been set aside for the program by the county arguing that the money will be illegally spent on a function that is not anchored on a devolved unit of government.
She argued that Governor Sakaja had launched the programme without public participation, a decision whose legality she has challenged.
However, the county through lawyer Duncan Okatch dismissed the allegations saying that stating that all legal procedures were followed before the project’s official launch.
