A constitutional petition challenging the new Cooperation Agreement between the National Government and the Nairobi City County Government has reached the High Court. On Wednesday, Justice Bahati Mwamuye certified the case, filed by Christine Gathoni and Benard Peter, as urgent.
The court noted that the petitioners’ motion specifically questions whether the agreement aligns with the law and the Constitution, ultimately seeking to strike it down.
Gathoni and Peter also want a multi-judge bench to hear the case under Article 165 (4) of the Constitution. They argue that the dispute raises substantial legal questions that require a more comprehensive judicial review.
In addition, they have applied for conservatory orders pending the hearing and determination of the case.
The court certified the application as urgent and ordered that it be heard on a priority basis.
The court directed the petitioners to immediately serve the respondents and interested parties with the application, the petition, and the court’s directions, and to file an affidavit of service by close of business on February 20, 2026.
The application will be heard by way of written submissions on March 16, 2026.
Legal Questions Around Devolution and Transfer of Functions
While the Constitution grants City Hall autonomy over its own administration, and Article 187 provides a specific pathway for transferring functions, the scope of this new deal suggests a different approach. Rather than a total handover, the administration appears to be seeking a lifeline under Article 189, which outlines how the two levels of government should cooperate.
The agreement focuses on boosting the performance of county duties and making public services more efficient.
During the signing ceremony at State House on Tuesday, February 17, 2026, Governor Johnson Sakaja pointed to Section 6 of the Urban Areas and Cities Act as his legal shield. He argued that this law acknowledges Nairobi as more than just a county; it is a global hub that requires unique management and extra funding.
“Nairobi is the capital city of Kenya, the city of the national government, host to diplomatic missions, including the only United Nations headquarters in the global south, and the center of commerce and industry of the entire region, requiring a special arrangement,” he said.
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