The High Court has declined to issue an order stopping the implementation of Nairobi Governor Johnson Sakaja's school feeding program in the Country.
High Court Judge Mugure Thande said stopping the program will prejudice the children who are benefiting from the feeding program.
“I decline to grant any conservatory orders, to suspend the program at this stage would be against the best interest of the children who are targeted to benefit from the program,” he ruled.
When the case was brought up, Sakaja's attorneys, Duncan Okatch and Elius Mutuma, argued that the petition was premature and that the court should not stop the programme.
“If orders are issued they will have adverse effects... young children will miss their lunch today, a basic need,” the court was told.
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According to Mutuma, the petition results from miscommunication between the County and National governments, and there has been no delegation of authority or transfer of responsibility in any form.
He added that 289 Kenyans were employed in the existing programme and that if the programme is stopped, these Kenyans will be sent home unpaid.
“We urge the court to decline issuing any orders,” Mutuma submitted
The petitioners had requested the court to halt the programme, arguing that if no orders are issued, the county will move forward with implementing the aforementioned programme, defeating the objective of the case.
Speaking to the media after the decision, Sakaja assured parents that she will fight for the scheme above, citing the 150 per cent enrolment rate in the schools where it is now being implemented.
‘Kwa chini ya elfu moja mwaka mzima mtoto atapata chakula , hata ukienda nje kuatfta ukose unajua mtoto wako amepata kitu shuleni, hata stress itapungua , hata maandamano itapungua kwasababu mtoto ako na chakula,sisi tutapigania haki ya watoto wetu,” he said
Sakaja says there is progress in the program, with a planned launch on July 28.
