Activist Janet Muthoni Ouko has filed a petition challenging the legality of Sakaja’s Dishi Na County Program.
The former County Executive Member for Education in her petition states the formulation and implementation of policies in regard to basic education is performed by the National Government.
“No legal Notice was ever published authorizing the transfer and delegation of powers, functions, and competencies of the national government function in respect to primary schools to the County Government. Neither was there a Deed of Transfer signed between the National Government and the County Government authorizing the transfer of the said functions and therefore the launch by the 1st and 2nd Respondents is illegal, unconstitutional, and a gross violation of Articles 185(2), 186(1) and 187(2) of the Constitution, 2010,’’ the petition reads in part.
“The actions of the Respondents are illegal and unconstitutional because the function of formulating and implementing policies and programs with respect to primary schools is performed by the National Government and as such the actions were taken and continue to be taken in the absence of jurisdiction and thus ultra vires,” it added.
Last Month, Sakaja presided over the groundbreaking of 10 kitchens which are part of Sakaja’s School Feeding Program dubbed Dishi na County.
The program will see children in public schools and ECDE within Nairobi get free meals in the Financial Year 2023-24.
The County in its 2023/24 budget set aside 1.8 Million to cater for the program.

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