A constitutional petition challenging the legality of the Cooperation Agreement between the National Government and the Nairobi City County Government has been filed at the High Court.
The petition, brought by Christine Gathoni and Benard Peter, was certified as urgent by Justice Bahati Mwamuye on Wednesday, signaling the court’s recognition of the matter’s significance.
The petitioners argue that the recently signed Cooperation Agreement, which establishes a framework for collaboration between the national and county governments, raises serious constitutional and legal questions.
They are seeking a declaration invalidating the agreement. In addition, the applicants have requested that the matter be certified for the empanelment of a bench under Article 165(4) of the Constitution, asserting that it involves substantial questions of law that require careful judicial examination.
The court also noted that the petitioners have applied for conservatory orders to maintain the status quo pending the resolution of the case. Given the nature of the issues raised, Justice Mwamuye certified the petition as urgent and ordered that it be prioritized.
The petitioners have been directed to immediately serve the respondents and any interested parties with the petition, the application, and the court’s directions, and to file an affidavit of service by the close of business on February 20, 2026.
The case will be determined through written submissions, scheduled for March 16, 2026. The High Court’s decision will establish whether the Cooperation Agreement between the National Government and Nairobi City County Government complies with the Constitution and is legally valid.
The agreement in question was signed on February 17, 2026, at State House, Nairobi, with President William Ruto witnessing the signing. Nairobi Governor Johnson Sakaja and Prime Cabinet Secretary Musalia Mudavadi appended their signatures, formalizing the framework for collaboration.
This constitutional challenge now places the agreement under judicial scrutiny, with the court tasked with assessing its legality and conformity with the Constitution. The outcome could have significant implications for the operations of the county government and its interaction with national government policies.
