The High Court has on Friday declared the Nairobi Metropolitan Services – NMS unconstitutional.
The petition was filed by Law Society of Kenya – LSK.
LSK through its president Nelson Havi wrote to Badi declaring NMS as an illegal entity.
The body refused to nominate one of its members to the NMS Physical and Land Use Planning Liaison Committee, on grounds that NMS was not founded under the law.
“Given that the establishment of NMS lacks any legitimate legal foundation, the Society cannot be expected to nominate any of its members to serve in the Liaison Committee. We have made the conclusion that NMS is not a body established or recognized in law and, by extension, neither is the Liaison Committee sort to be constituted there under,” said Havi.
On June 18, 2020, High Court judge Hellen Wasilwa had ruled that the constitution of NMS was illegal and unconstitutional in response to a case filed by activist Okiya Omtatah.
She went ahead and directed NMS to rectify the illegality within 90 days.
However, days later, she revised the ruling saying NMS was properly constituted.
To be updated
