The High Court has certified as urgent a petition contesting the legality of a cooperation agreement between the Nairobi County government and the national government.
The agreement, initiated by Nairobi Governor Johnson Sakaja, was signed on Tuesday at State House, Nairobi, in a ceremony witnessed by President William Ruto. However, petitioners Christine Gathoni and Benard Peter have moved to court, arguing that the deal may violate constitutional provisions on devolution and the independence of county governments.
The petitioners have also requested the court to empanel a bench under Article 165(4) of the Constitution, a step reserved for cases of major constitutional significance.
In his ruling, Justice Bahati Mwamuye said the application raises serious constitutional issues that must be heard on a priority basis.
“The petitioners to immediately serve all respondents and interested parties, including the Council of Governors and the Office of the Auditor General, with all court papers. Proof of service must be filed by February 20, 2026,” Justice Mwamuye ordered.
The respondents have until February 27, 2026, to file their responses. The petitioners will then submit their written arguments by March 6, with replies due on March 11 and final rebuttals by March 13.
The case is expected to set a key precedent on the extent of collaboration permissible between county and national governments under Kenya’s devolved governance framework.
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