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Nairobi County school feeding programme case pushed to June

Nairobi Governor Johnson Sakaja at a past event. (Photo: X/ Johnson Sakaja)

By Hanifa Adan | Thursday, March 14, 2024

Janet Ouko, executive director of the Tunza Mtoto Coalition, filed a petition against Nairobi after it launched the 'Dishi na County' programme last July.

A court on Wednesday adjourned the hearing of a school feeding programme case against Nairobi County after a long day of submissions from petitioners and respondents.

Janet Ouko, executive director of the Tunza Mtoto Coalition, filed a petition against Nairobi after it launched the 'Dishi na County' programme last July.

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When the case was mentioned on Wednesday, Nairobi Governor Johnson Sakaja, through his lawyer Duncan Okatch, highlighted the advantages of the initiative, saying it aims to provide nutritious meals to more than 250,000 primary school and ECDE learners in public schools across the county.

Okatch noted that for just Sh5 a day, the programme will provide each student with a hot meal, resulting in increased attendance, enhanced academic performance, and higher school enrolment rates.

Through her lawyer, Maureen Nasimiyu, Ouko argued that the Sh1.2 billion project falls under national jurisdiction and that, as such, Governor Sakaja's move to launch it was illegal.

She further noted that the allocation of funds from the 2023–2024 Nairobi City County budget was unlawful, as it meant redirecting resources from county development projects.

Nasimiyu also said the county did not conduct a public participation exercise ahead of the launch of the programme and that there was no legal framework for it.

She also argued that no document was signed regarding the transfer of roles from the national government, which deals with primary schools, to the county.

"No legal notice was ever published authorising the transfer and delegation of powers, functions, and competencies of the national government function with respect to primary schools to the county government," Naimiyu says in the petition.