NAIROBI, Kenya — The High Court has declined to suspend the implementation of a cooperation agreement between the National Government and Nairobi County, opting instead to fast-track the hearing of constitutional petitions challenging the deal.
In a ruling delivered on April 20, the court directed that the petitions proceed through written submissions, setting strict timelines for compliance and paving the way for a substantive determination in the coming weeks.
Petitioners had sought conservatory orders to halt the agreement, arguing that its implementation raised constitutional concerns.
However, after hearing arguments from both sides, the court declined to grant interim relief, directing instead that the matter proceed directly to a full hearing.
Parties that had not filed responses were given seven days to do so, followed by seven days for petitioners to submit their arguments and a further seven days for respondents to reply.
The court set May 28, 2026, for the highlighting of submissions.
The agreement, championed by President William Ruto and Nairobi Governor Johnson Sakaja, has already triggered a series of development projects across the capital.
Among the flagship initiatives is the construction of a modern market at Gikomba Market, aimed at replacing informal structures with improved infrastructure, better organisation, and enhanced accessibility for traders and customers.
Speaking during the groundbreaking, Sakaja described the project as transformative.
“You elected me to protect your interests. This new market is a game changer—it is modern, organized, and will improve business operations and customer experience,” he said.
Other projects underway include the reclamation of the Kibagare River, with plans to establish a public park near Westgate, as well as similar upgrades at Globe Roundabout and Kamukunji Grounds.
The cooperation framework also covers the regeneration of the Nairobi River, including the construction of a 54-kilometre sewer line to boost drainage capacity over the next five decades.
Additionally, the pact provides for the construction and maintenance of nearly 300 kilometres of roads and installation of about 100,000 floodlights across estates and major highways, part of efforts to improve mobility and security.
Both the national and county governments have defended the agreement as lawful, citing provisions of the Urban Areas and Cities Act, which allows intergovernmental collaboration to enhance service delivery.
