Kenya
The High Court has certified as urgent a petition challenging the cooperation agreement between the Nairobi County government and the national government. The agreement, signed by Governor Johnson Sakaja and witnessed by President William Ruto, has been contested by petitioners Christine Gathoni and Benard Peter, who question its legality and potential impact on devolved governance.
The cooperation agreement aims to create a structured framework for collaborative development and service delivery across Nairobi. However, the petitioners argue that it may undermine the autonomy of the county government and contravene constitutional provisions on devolution.
Justice Bahati Mwamuye directed that the case be heard on a priority basis, acknowledging the petition's constitutional questions and public interest implications. The respondents and interested parties have been ordered to file their responses, with the main application scheduled for hearing on March 16, 2026.
This case highlights the ongoing tensions between national and county governments in Kenya, particularly concerning the balance of power and the implementation of devolution. The court's decision could set a precedent for future agreements between different levels of government.
