Nairobi Governor Johnson Sakaja has a setback when the High Court decides to halt the school feeding program.
This is in response to a petitioner, the Tunza Mtoto coalition, who filed a lawsuit, claiming that a devolved entity does not have this authority.
As a result, Lady Justice M Thande issued conservatory orders over the anticipated Sh1.2 billion cost to taxpayers of the 'Dishi na County' food program in Nairobi elementary schools on Friday.
The issue will be discussed for guidance on July 27, 2023.
Janet Muthoni Ouko, the executive director of the Tunza Mtoto Coalition, requested in the petition that the court stop Sakaja from using any of the funds allotted to the Dishi na County initiative.
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She added that the national government is responsible for developing and carrying out basic education programs.
About elementary schools, the petition states that "no legal Notice was ever published authorizing the transfer and delegation of powers, functions, and competencies of the national government function to the County Government."
"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."
In the upcoming fiscal year 2023–2024, it will cost Sh5 for students in Nairobi's public schools and ECDEs to receive free lunches, claims Sakaja.
In ten sub-counties, the construction of central kitchens has already broken ground on.
The first meal will be served on the opening day of this school year's third term after an estimated 10-week construction period.
Embakasi Central, Embakasi South, Kasarani, Kibra, Makadara, Starehe, Roysamu, Ruaraka, and Westlands are among the sub-counties.
The effort, according to Governor Sakaja, is an extension of a long-held goal of his to guarantee that all students in public elementary schools and public early childhood development centres receive a daily hot lunch that is nutritionally balanced.
