A petition to challenge the legality of the agreement signed between the National Government and the Nairobi City County Government was Wednesday filed at the High Court.
Justice Bahati Mwamuye on Wednesday certified as urgent the petition by Christine Gathoni and Benard Peter.
The court observed that the Petitioners /Applicants’ Notice of Motion questions the legality and constitutionality of the agreement and seeks its invalidation. The applicants are also seeking certification of the matter for empanelment of a bench under Article 165 (4) of the Constitution, arguing that it raises substantial questions of law.
In addition, they applied for conservatory orders pending the hearing and determination of the case. The court certified the application as urgent and ordered that it be heard on a priority basis.
The Petitioners were directed to immediately serve the Respondents and Interested Parties with the Application, the Petition, and the court’s directions, and to file an Affidavit of Service by close of business on February 20, 2026.
The application will be heard by way of written submissions on March 16, 2026.
The case now sets the stage for a determination on whether the Cooperation Agreement between the National Government and Nairobi City County Government is constitutionally valid.
On February 17, 2026, a cooperation framework between Nairobi City County Government and the National Government was signed at State House, Nairobi.
President William Ruto witnessed the appending of signatures by Nairobi Governor Johnson Sakaja and Prime Cabinet Secretary Musalia Mudavadi.
The agreement, concluded before Ruto, establishes a framework for joint planning, financing, and implementation of development programmes between the two levels of government.
It is anchored in Section 6 of the Urban Areas and Cities Act, which permits intergovernmental cooperation in the management and development of urban areas, including the capital city, officials said.
Under the arrangement, the National and County Governments will jointly prioritise projects in infrastructure improvement, waste management, urban mobility, and the strengthening of essential public services. The framework also provides a legal structure for shared financing of large-scale urban investments that the county has struggled to fund independently.
Mudavadi signed the agreement on behalf of the National Government, while Sakaja signed for the county administration.
Ruto dismissed suggestions that the deal represents a transfer of county functions to the national level, stating that the arrangement is intended to support the capital rather than alter devolved responsibilities.
“What we are formalizing today is not a transfer of functions. Let me repeat there is no transfer of functions taking place. For the avoidance of doubt, I have no interest in running the city; my hands are already full. The Governor and his team must continue to run the city. However, as President, I have an obligation to support and assist the capital city,” he said.
Sakaja emphasised that the framework is designed to expand Nairobi’s fiscal capacity and improve project delivery through structured collaboration, not to reverse devolution. He noted that the capital’s financing needs have long exceeded county resources, slowing implementation of critical infrastructure and services.
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