NAIROBI, Kenya — The High Court has declined to suspend a Cooperation Agreement between Nairobi City County and the National Government but imposed conditions on how the deal can be implemented pending the hearing of a constitutional challenge.
The case was filed by Katiba Institute at the Milimani High Court, challenging the constitutionality of the agreement and questioning whether it can be used to transfer or exercise county functions and commit public resources outside the procedures and safeguards provided by the Constitution.
In its ruling on September 28, 2026, the court directed that no county functions, powers, assets, staff or revenue should be transferred to or exercised by the National Government unless the requirements of Article 187 of the Constitution are followed.
Court Restricts Spending Under Agreement
The court also ordered that no public funds should be committed, released or spent on projects under the agreement unless authorised by Parliament or the Nairobi County Assembly.
It further provided that additional allocations from the National Government to Nairobi County must comply with Article 202(2) of the Constitution.
The orders are intended to govern implementation of the agreement as the court considers the wider constitutional questions raised in the petition.
Disclosure Orders Issued
The Nairobi Governor and the Prime Cabinet Secretary were directed to disclose the Cooperation Agreement currently being implemented, details of projects undertaken under it and their sources of funding.
They must also provide minutes of the two committees established under the agreement.
The Nairobi County Assembly was separately directed to file its ad hoc committee report, records of public participation and documentation showing its consideration and approval of the agreement.
Full Hearing Set For February 2027
The court found that the petition raises serious constitutional questions requiring a full hearing.
The case has been scheduled for hearing on February 18, 2027.
