The High Court has declined to issue orders suspending over Ksh1.2 billion school feeding programme by Nairobi Governor Johnson Sakaja.
Justice Mugure Thande on Thursday, July 27, 2023, declined a plea by Tunza Mtoto Coalition Executive Director Janet Muthoni Ouko to temporarily suspend Sakaja's recently launched school feeding programme dubbed ‘Dishi na County’ in Nairobi primary schools pending determination of the lawsuit.
While seeking the orders, the Tunza Mtoto Coalition, an education lobby informed the judge that the governor is planning to spend money on a function that is not devolved.
“The governor erred in launching the school feeding program. That is not a mandate of the counties rather it is the national government’s role l urge the court to temporarily suspend until the case is heard and determined,” Muthoni urged the judge.
The petitioner had also requested the court to also issue conservatory orders for staying, halting and suspending the release and the utilisation of the funds allocated to the school feeding programme.
She also sought another order against the Nairobi county government from releasing any money towards the program, a request that was also declined.
Further, the lobby group director wanted the court to suspend the release of Ksh500 million that had been allocated in the 2023/2024 Financial Year to go towards inclusivity, public participation and engagement in relation to the school feeding program.
In court filings, the lobby group argues the planned feeding programme is expected to cost taxpayers billions of shillings.
The petitioner also faults Sakaja and the Nairobi City County for arbitrarily and unlawfully launching the school feeding program without public participation.
“No legal notice was ever published authorizing the transfer and delegation of powers, functions and competencies of the national government function in respect to primary schools to the County Government,” the petitioner says.
According to Muthoni, the school feeding programme will also entrench inequality as it only targets a section of learners in public primary schools while entirely neglecting those in non-formal schools
Nairobi County under the leadership of Sakaja is currently constructing 10 kitchens across the capital with the programme targeting to feed 250,000 pupils in public primary schools.
“Nutritious meals will be cooked in these kitchens and the meals transported in special sealed containers and special vehicles to surrounding schools.
“Each kitchen is expected to produce about 10,000 nutritional meals daily,” Sakaja noted on Tuesday, June 20, 2023.
