Nairobi Governor Johnson Sakaja got a major win after the high court declined to suspend the County’s school feeding programme dubbed ‘Dishi Na County’.
Justice Mugure Thande declined to issue conservatory orders stopping the programme saying it would not be in the best interest of the child.
Judge Thande said even though the constitutionality of the feeding programme has been challenged in court, the best interest of the child should be paramount at this stage.
In the case, a lobby group moved to court last month challenging the constitutionality of the programme that was launched by President William Ruto.
Tunza Mtoto Coalition argues that the school feeding programme should be under the national government and not the country government as has been.
However, Sakaja through lawyers Duncan Okatch and Elias Mutuma opposed the case urging the court not to grant conservatory orders.
It was their argument that suspending the feeding programme would deny over 250,000 pupils the opportunity to enjoy a mean in school.
The court was also told that should it halt the feeding programme, over 289 Kenyans who have been employed in the ongoing programme will lose their jobs and go home without pay.
Last month, Sakaja signed a partnership deal with Education CS Ezekiel Machogu to transfer the feeding programe from the national government to the County.
The County has said 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.
The case will be mentioned on September 23.
