By Andrew Kariuki
A constitutional petition contesting the legality of the Cooperation Agreement between the National Government and the Nairobi City County Government has been filed before the High Court in Nairobi.
Justice Bahati Mwamuye on Wednesday certified the matter as urgent, paving the way for its expedited hearing.
The petition, filed by Christine Gathoni and Benard Peter, raises questions over the constitutionality and legality of the agreement and seeks to have it declared invalid.
In their application, the petitioners argue that the issues raised are of significant constitutional importance and have requested the court to empanel a bench under Article 165(4) of the Constitution to hear the matter.
They have also sought conservatory orders to suspend the implementation of the agreement pending the hearing and determination of the petition.
The court directed the petitioners to serve all respondents and interested parties immediately with the application, petition and court directions, and to file an affidavit of service by close of business on February 20, 2026.
Justice Mwamuye further ordered that the application be heard through written submissions, with the matter scheduled for hearing on March 16, 2026.
The petition arises shortly after the signing of a cooperation framework between the National Government and Nairobi City County Government on February 17, 2026, at State House, Nairobi.
The agreement was signed by Nairobi Governor Johnson Sakaja and Prime Cabinet Secretary Musalia Mudavadi, in the presence of President William Ruto.
The case is expected to determine whether the cooperation framework complies with constitutional requirements governing the relationship between the national and county governments.
