High Court has declared the Nairobi Metropolitan Services (NMS) unconstitutional in a case filed by the Law Society of Kenya (LSK).

On Friday the High Court ruled that the NMS is unconstitutional just a day after the Treasury allocated it Ksh27.2 billion in the Financial Year 2021/22 budget.

In 2020, LSK refused to nominate a representative to the NMS Planning and Land Use Liaison Committee terming the office as an illegal entity.

In a letter addressed to NMS deputy director-general Enosh Onyango, LSK President Nelson Havi said that the Maj Gen Mohammed Badi-led agency is an illegal entity with no mandate to execute the functions transferred from the county government.

“There is however no indication in your letter as to the process by which NMS was prescribed and established as the institutional framework for the execution of the transferred functions in line with the provision of Article 7.1 of Deed of Transfer,” Havi said.

LSK opined that the liaison committee is illegal because the establishment of NMS was not attached to the law.

“We took the liberty to peruse every publication of the Kenya Gazette to confirm if there has been any publication of any statutory instrument prescribing and establishing NMS as the institutional framework pursuant to Article 7.1 of Deed of Transfer. We are yet to find one,” said Havi.