High Court fast-tracks petition challenging Nairobi cooperation deal

A fresh High Court fight just put the National Government and Nairobi City County deal under a legal microscope.

Petition fast-tracked at High Court

• Christine Gathoni and Benard Peter hauled the Cooperation Agreement to court.
• Justice Bahati Mwamuye stamped the case as urgent.
• Petitioners want the pact tossed for clashing with the Constitution.
• Hearing will run on written submissions on March 16, 2026.

Push for multi judge bench

• Gathoni and Peter invoked Article 165 4 for a larger panel.
• They argue the dispute raises heavyweight constitutional issues.
• Conservatory orders were requested pending full determination.
• Respondents must be served before February 20, 2026.

Devolution lines under scrutiny

• Article 187 outlines how functions shift between governments.
• Article 189 frames cooperation between the national and county levels.
• Petition questions whether the deal sidesteps devolution safeguards.
• The agreement claims it will sharpen county performance and services.

Governor defends special arrangement

• Johnson Sakaja leaned on Section 6 of the Urban Areas and Cities Act.
• Sakaja described Nairobi as a global hub needing unique management.
• State House hosted the signing ceremony on February 17, 2026.
• He cited Nairobi’s diplomatic missions and United Nations presence.