NAIROBI, KENYA- The High Court has certified as urgent a constitutional petition challenging the Cooperation Agreement between the National Government and Nairobi City County Government, dealing a legal blow to the pact signed at State House, Nairobi, on February 17, 2026.
High Court Judge Bahati Mwamuye directed that the case be heard on a priority basis, acknowledging the petition’s constitutional questions and public interest implications.
The petition, which was filed on Wednesday, argues that the cooperation deal, inked by Prime Cabinet Secretary Musalia Mudavadi for the National Government and Governor Johnson Sakaja for Nairobi County, is unconstitutional and undermines devolved governance by allowing direct national government involvement in county functions without proper constitutional safeguards.
The applicants also asked the court to certify the matter under Article 165(4) of the Constitution for empanelment of a multi‑judge bench, asserting that the case raises substantial legal questions.
They have further applied for conservatory orders to maintain the status quo pending full determination.
Justice Mwamuye ordered that the petitioners must:
- Immediately serve the Respondents and Interested Parties with the application, Parliamentary Notice of Motion, and court directives.
- File an Affidavit of Service by close of business on February 20, 2026.
Respondents and interested parties will then file responses, while the petitioners will submit written submissions ahead of the hearing.
The matter is scheduled for March 16, 2026, to be heard by way of highlighting of written submissions.
The Cooperation Agreement is a formal partnership signed on February 17 at State House, Nairobi, between President William Ruto’s National Government and Nairobi Governor Johnson Sakaja’s County Government.
It is designed to create a structured framework for collaborative development and service delivery across the capital city.
