The High Court has declined to issue conservatory orders stopping the school feeding programme in Nairobi.
Justice Mugure Thande while giving her ruling said that she has considered the best interest of the child according to the Constitution.
The orders come after the former Nairobi County Education CEC Janet Muthoni challenged the program.
Muthoni in her case filed before Justice Thande argued that the program dubbed ‘Dishi na County’ is illegal as education is a National Government function.
She sued alongside a children’s rights lobby Tunza Mtoto Coalition Kenya.
Her lawyer, Maureen Nasimiyu, on her behalf, argued that the governor and President William Ruto did not sign any document to transfer the National Government’s roles to the County.
At the same time, Nasimiyu stated that there was no legal notice authorizing the county to feed children who are schooling in public schools.
According to Nasimiyu, at least Ksh1.7 billion has been set aside for the program by the county.
The lawyer argued that the money would be illegally spent on a function that is not anchored on a devolved unit of government.
Dagoretti North, Embakasi Central, Embakasi South, Kasarani, Kibra, Makadara, Starehe, Roysambu, Ruaraka and Westlands were the pioneer sub-counties.
It is estimated that once the program takes off, about 250,000 children in public primary schools and public Early Childhood Development centres will be fed.
