High Court Declares Petition Against Ruto–Sakaja Deal Urgent, Sets Hearing Date
The High Court has certified as urgent a petition challenging the cooperation agreement between President William Ruto and Nairobi Governor Johnson Sakaja.
This move marks the first legal setback for the deal that was signed on Tuesday at State House.
Justice Bahati Mwamuye issued directions on Wednesday, stating that the matter will be heard on March 16.
By declaring the petition urgent, the court acknowledged that the issues raised are of great public importance and could significantly affect the residents of Nairobi if not addressed promptly.
The case was filed on February 18 by two Kenyan citizens who are questioning the legality and constitutionality of the agreement between the national government and Nairobi County.
In the petition seen by Newshub.co.ke, the two argue that the cooperation framework could interfere with the principles of devolution as provided for in the Constitution.
They claim the agreement may allow the national government to step directly into county responsibilities without clear constitutional safeguards or proper legal procedures.
According to the petitioners, such an arrangement risks weakening the autonomy of county governments, which were established to ensure power and resources are decentralized from the national government.
They warn that if this agreement is allowed to proceed without judicial review, it could open the door for similar arrangements in other counties, potentially undermining the spirit and structure of devolution across the country.
Following the certification of urgency, the Milimani High Court directed the petitioners to serve all respondents and interested parties with court documents by the close of business on February 20.
Among the interested parties listed in the case are the Council of Governors and the Office of the Auditor General, institutions that play key roles in county governance and oversight.
The respondents in the case have been given until February 27 to formally enter their appearance in court and file their responses to the petition.
The court further scheduled subsequent submissions and rejoinders to be filed by March 13, paving the way for a full hearing of the matter on March 16.
In addition to challenging the legality of the deal, the petitioners are seeking conservatory orders to temporarily stop the implementation of the agreement until the case is heard and determined.
They are also requesting the empanelment of a bench under Article 165(4) of the Constitution, arguing that the case raises substantial questions of constitutional interpretation that require more than one judge.
The agreement, which was signed on Tuesday, was presented by President William Ruto as a structured framework aimed at improving cooperation between the national government and Nairobi County.
According to the President, the goal of the partnership is to enhance service delivery and improve the overall management of the capital city.
Governor Johnson Sakaja, who signed the agreement alongside the President, defended the deal amid growing public concern. He dismissed claims that he was handing over county powers to the national government.
Sakaja insisted that the arrangement does not amount to a takeover of county functions but instead provides a clear and organized way for both levels of government to work together more effectively.
The cooperation framework outlines collaboration in four major areas. These include water and sewerage services, construction and rehabilitation of roads, bridges and drainage systems, housing development and related infrastructure, as well as solid waste management and the regeneration of the Nairobi River.
The leaders argued that these sectors require close coordination between the two levels of government in order to address long-standing challenges facing the capital.
However, the petitioners remain firm in their position. They argue that even if the agreement appears beneficial on the surface, it must strictly follow constitutional provisions.
In their view, without proper legal boundaries, the deal could create confusion over roles and responsibilities between the national and county governments.
As the court process unfolds, the case is expected to attract significant public attention, especially given Nairobi’s status as the country’s capital city. The outcome could have far-reaching implications not only for Nairobi County but also for the future of devolution and intergovernmental relations across Kenya.
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