A High Court in Nairobi has declined to stop the school feeding programme being run by the county government of Nairobi.
In its ruling, the High Court stated that stopping the programme will disadvantage thousands of children benefitting from it.
Justice Mugure Thande while issuing her ruling said the interest of children is of great importance.
“I decline to grant any conservatory orders at this stage. To suspend the programme at this stage will be against the best interest of the children who are targeted to benefit from this program," she said.
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Tunza Mtoto Coalition executive director Janet Muthoni Ouko had moved to court to suspend the Sh1.2 billion programme until a case filed against him is heard and determined.
Ouko is a former Education CEC in the county government of Nairobi.
Ouko argued that there was no legal mandate transferring the function of the national government, which she argued deals with primary schools, to the County government.
“No legal Notice was ever published authorising the transfer and delegation of powers, functions and competencies of the national government function in respect to primary schools to the County Government," the petition reads.
"Neither was there Deed of Transfer signed between the National Government and the County Government authorising 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 Programme was recently launched by President William Ruto as one of the initiatives that seek to ensure that more students go to school.
During the launch, concerns were raised that many students had shunned school because of hunger occasioned by lack of food.
The petition and application by the petitioner shall be heard together. All responses shall be filed and served by August 4.
Respondents and interesting parties have also been ordered to file submissions by September 1.
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