The Office of Attorney General Paul Kihara has responded to reports that the High Court had declared the Nairobi Metropolitan Services unconstitutional.
In a statement signed by Solicitor General Kennedy Ogeto on Friday, June 11 the AG’s office said that reports were false.
“We wish to state, for the record, that the said allegations are untrue and unfounded,” reads the statement.
He argued that the legality of NMS was challenged by Okiya Omtatah and the case was determined and a final Judgement rendered by the court on September 17, 2020.
“By the said decision, the Court found that the NMS was properly and lawfully established vide the Executive Order No.3 of 2020 and that the County Assembly was involved in the process leading to the establishment of the NMS, in accordance with the law.
“In paragraph 84 of the Judgement, the court stated that “the declaration of illegality of the Nairobi Metropolitan Services as created is now lifted,” the AG’s office noted.
The government maintained that NMS is a lawfully established entity of the National Government, charged with carrying out the functions that were transferred by the Nairobi City County Government to the National Government, through the Deed of Transfer signed on February 25, 2020.
“As the office mandated by the Constitution to represent the National Government in court, we wish to confirm that we are not aware of any decision declaring the NMS unlawful, for whatever reason,” Ogeto said in the statement.
He also called upon the media to exercise utmost responsibility and diligence by verifying the accuracy of information before disseminating the same to the public.