Win for Sakaja as court declines to stop Nairobi school feeding program

It is a reprieve for Nairobi Governor Johnson Sakaja after the High Court declined to issue orders stopping the county's school feeding program.

Judge Mugure Thande said stopping the program will prejudice the children who are benefiting from the feeding program.

“I decline to grant any conservatory orders, to suspend the program at this stage would be against the best interest of the children who are targeted to benefit from the program,” Justice Thande ruled.

During the mention of the case, Sakaja through his lawyers Duncan Okatch and Elius Mutuma the court stopping the program will be prejudicial adding that the petition is premature.

“If orders are issued they will have adverse effects... young children will miss their lunch today, a basic need,” court was told

Mutuma told the court that the petition is based on misunderstanding on the County and National government saying that it's not in any way a transfer of functions or delegations. He further submitted that 289 Kenyans have been employed in the ongoing program and if the program is halted then these Kenyans will go home without a pay

The petitioners had asked the court to stop the program saying that if orders are not put in place the county have the intention to proceed with the implementation of the said program which will defeat the purpose of the petition.

Addressing the media after the ruling Sakaja assured to parents to fight for the said programme saying that so far there’s 150 percent enrollment in schools where the program is on.

‘Kwa chini ya elfu moja mwaka mzima mtoto atapata chakula , hata ukienda nje kuatfta ukose unajua mtoto wako amepata kitu shuleni, hata stress itapungua , hata maandamano itapungua kwasababu mtoto ako na chakula,sisi tutapigania haki ya watoto wetu,” he said

Sakaja says there is progress in the program, with a planned launch on July 28.

“Many of our children are missing school  because of hunger and we know the pain that there , many parents cannot afford to feed their children,” he noted .

Parties were directed to file and serve the papers including responses and appear on the 23rd September.

The petitioner had moved to court arguing that the feeding programme is not the mandate of a devolved unit.

They asked the court to bar Sakaja from utilising any of the funds allocated Dishi na County programme.