The government has strongly refuted reports circulating on social media platforms and a section of mainstream media that the High Court has declared the Nairobi Metropolitan Services (NMS) unconstitutional.

The government through the Office of the Attorney General and Department of Justice has issued a press statement to clear the misinformation.

The reports alleged that a ruling was delivered by High Court Judge James Aaron Makau nullifying the NMS.

This comes just a day after the High Court ruled the Executive Order, placing the country’s judiciary under the control of Kenya’s executive brand under President Uhuru Kenyatta was unconstitutional.

“A declaration is issued that the Executive Order No. 1 of 2020 purporting to organise the Government and set out Judiciary and its Tribunals, Commissions and Independent bodies under Ministries and Government departments as unconstitutional, null and void,” said the High Court ruling.

In the press release, the government affirmed that NMS remains an entity of the National Government established within the constitution. 

In June last year, Judge Hellen Wasilwa ruled that the NMS was both illegal and unconstitutional in a case that activist Okiya Omtata filed and she gave the NMS 90 days to rectify the illegality.

In a rather shocking twist that surprised the LSK Chair Nelson Havi, Wasilwa recanted her ruling and said that NMS was lawful and within the constitution.


The Office of the Attorney-General and Department of Defense confirmed that it is not aware of any decisions declaring NMS unlawful.

It called upon the media to practise responsibility and diligence in their work to avoid instances of misinformation.

NMS is one of the president’s pet projects established under the Executive order led by Major General Mohamed Badi and is geared towards giving Nairobi a facelift.