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The High Court of Kenya has issued urgent directions in a constitutional petition challenging a newly signed cooperation agreement between the National Government and the Nairobi City County Government.
The agreement, signed on February 17, 2026, by Prime Cabinet Secretary Musalia Mudavadi on behalf of the National Executive and Governor Johnson Sakaja, has prompted the legal challenge.
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In a ruling on Wednesday, Justice Bahati Mwamuye certified the case—filed by Bernard Peter and Christine Gathoni—as urgent, noting that the petition questions the legality of the new deal. “Noting that the petitioners’ application dated February 18, 2026, challenges the Cooperation Agreement between the National Executive and Nairobi City County Government, the matter is certified as urgent and will be heard on a priority basis,” Justice Mwamuye directed.
The petition lists several high-profile respondents, including the Attorney General, the Prime Cabinet Secretary, the Nairobi Governor, the Nairobi City County Government, the County Assembly, and the Senate.
The petitioners, through their lawyers, argue that the agreement is already active or about to be implemented. They claim it creates joint governance and operational structures that could lead to public funds being committed without approval from the Nairobi County Assembly or oversight by the Senate.
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They caution that if implementation continues, it may alter the constitutional allocation of functions between the national and county governments before the court determines the legality of the agreement. The petition stresses that the issue touches on devolution—a core element of Kenya’s constitutional framework—making urgent judicial intervention necessary.
The case will be heard through written submissions during a virtual session scheduled for March 16, 2026. The State, however, maintains that the agreement is intended to enhance service delivery in Nairobi by enabling cooperation between the two government levels under sections 5 and 6 of the Urban Areas and Cities Act.
State House invited media outlets to cover the event where the two levels of government formalized their joint approach to development and service delivery projects.
