The Law Society of Kenya (LSK) has declared that the recently formed Nairobi Metropolitan Services (NMS) is an illegal entity formed by the National Government, Supported by no law.
In a letter written to NMS by LSK President Nelson Havi, LSK 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.
LSK argues that NMS was not formed within the confines of article 260 of the Constitution, which defines the bodies or persons fit to be called public offices/officers, of which NMS is not listed.
“We took he liberty to peruse every publication of the Kenya Gazette made subsequent to publication of Deed of Transfer to confirm if there has been publication of any statutory Instrument prescribing and establishing NMS as the institutional framework pursuant to Article 7.1 of Deed of Transfer and made in accordance with provisions of the Statutory Instruments Act 2013. We are yet to find one,” added LSK.
This comes as a major blow to NMS, which recently disbanded Nairobi City County Pre-Technical Committee and the Nairobi City County Urban Planning Technical Committee, with the hope of forming the Liason committee to execute its mandate.
However, the Physical and Land Use Planning Act (PLUPA) No 13 of 2019 sections 76 and 77(1) (a) requires that the Liason committee should have an advocate of the High Court from LSK as a member, among others. With LSK refusing to nominate one of its members, the committe will be deemed incomplete, hence unable to function.
The NMS and City Hall have disagreed on the running of the county after governor Mike Sonko handed over the key functions.
In April, Sonko declined to assent to the Sh15 billion allocated to NMS.
He referred Nairobi County Supplementary Appropriation Bill, 2020 back to the assembly, saying amendments in it contravened provisions of the law.