The High Court has today declared Nairobi Metropolitan Services (NMS) unconstitutional in a petition filed by Law Society of Kenya.
LSK had declared that NMS is an illegal entity formed by the National Government, Supported by no law.
In a letter written to NMS, LSK President Nelson Havi refused to nominate a representative to the Nairobi Metropolitan Services’ Planning and Land Use Liaison Committee, on grounds that NMS was not founded under the law.
“There is however no indication in your letter as to the process by which NMS was prescribed and established as the institutional framework for the execution of the transferred functions in line with the provision of Article 7.1 of Deed of Transfer,” Havi said.
According to LSK, the liaison committee is by extension illegal because the establishment of NMS has not been anchored in law.
“We took the liberty to peruse every publication of the Kenya Gazette to confirm if there has been any publication of any statutory instrument prescribing and establishing NMS as the institutional framework pursuant to Article 7.1 of Deed of Transfer. We are yet to find one,” Havi said.
In May last year, NMS had written to LSK to nominate an advocate of the High Court to the soon-to-be-established liaison committee.
The committee is a replacement for County Urban Planning Development and the County Pre-Technical committees that were disbanded by NMS.