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Gov’t issues statement on NMS being declared unconstitutional

The attorney general’s office has issued a statement

President Uhuru Kenyatta with NMS boss Major General Mohamed Badi and former Nairobi Governor Mike Sonko

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 call upon the media to exercise utmost responsibility and diligence by verifying

the accuracy of information before disseminating the same to the public.

NMS budget

The NMS has been allocated Sh27.2 billion for the 2021/22 financial year, a Sh800 million addition from the previous year.

Sh18 billion will go towards recurrent expenditure while Sh9.2 billion will be spent on development.


Sh100 million has been allocated to NMS to be spent on urban dignity in Nairobi for the Nairobi Metropolitan Service improvement project.

Another Sh111.2 million has been set aside for the construction of footbridges in the capital city.


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