Nairobi county governor Jonhson Sakaja has defended himself on Public Primary School Feeding program he started by saying he has not overtook the role of the National government.
Through his lawyers led by Dancun Okatch, Sakaja defended himself from the allegations filed by Janet Muthoni Ouko and Tunza Mtoto Coalition Kenya claiming that the program does not have legal guiding framework.
During the hearing of the matter before Justice Chacha Mwita, Sakaja said he has not taken over the role of the national government as claimed by the petitioners when he lauched the program “Dishi na County” that aimed feeding the children enrolled in public primary schools within the county.
He states that “article 189(1) (2) of the constitution of Kenya 2010 provides that the government of each level and different government at county level shall cooperate in the performance of functions and exercise of power and for the purpose they may set up joint committees and authorities.”
The lawyer said that the petitioner sticks only with the matter pertaining transfer of functions,
“I wish to emphasize that, indeed article 186 and part 2 of the 4th schedule of the constitution of Kenya 2010, stipulates the constitution responsibility and performance of functions,” said Okatch.
However, he pointed out that the applicant has failed to recognize that article 6 and 186 of the same constitution are much alive to co-operation the national and county government to ensure optimum delivery of services.
From the affidavit of the petitioners, it is clear that they are more concerned on who was present during the launch of the feeding program rather than whether the same amounts to transfer of powers to which I wish to state that the launch of the program was graced by the president of the republic of Kenya.
“If the petitioner’s assumption is based on launch, then she ought to know that the president of the republic of Kenya is representing the National government,” read part of the replying affidavit.
They also challenge the petitioner by claiming that she don’t understand the meaning of collaboration as provided under article 189 of the constitution as she seems not to appreciate the Nairobi City County Government is a government on its own and it does not need the intervention of any other county government to get in to a collaboration with the National government.
It beats their logic again how the petitioner is adamant that the National government was unaware of the feeding program yet she has not produced any evidence to demonstrate whatsoever is true.
On a question on whether there was public participation, the residents and voters of Nairobi county were invited in the decision making in the intended program and the same.was done accordance to article 10 of the constitution of Kenya and the Nairobi City County Government participation act of 2016.
“I do admit I spearhead the school feeding program and it is well informed where upon calling for public participation various body organs did give their opinions on the program,” said Sakaja through his affidavit.
It is contrary to averment of the petitioner that there was no public participation, it was conducted in every sub-county in Nairobi City County.
Furthermore he verily believe to be true that the importance of public participation cannot be gainsaid and as such he do appreciate the crucial value of public participation in influencing decision making in matters of public interest.
The governor pleaded with the court to affirm the program as legit since despite benefiting the less fortunate pupils it has employed 300 employees who are benefiting from the program in terms of construction of kitchens and it will create 2000 jobs during its execution.
