Kenyan Court to Hear Challenge to Ruto-Sakaja Agreement

The High Court of Kenya has issued urgent directions in a constitutional petition challenging a new cooperation agreement between the National Government and the Nairobi City County Government. These directions follow the agreement’s signing by Prime Cabinet Secretary Musalia Mudavadi on behalf of the National Executive and Governor Johnson Sakaja. In a ruling delivered on Wednesday, Justice Bahati Mwamuyue confirmed the casefiled by Bernard Peter and Christine Gathonias urgent. The judge highlighted that the application specifically contests the legality of the February 17, 2026, agreement. “Recognizing that the petitioners’ application dated February 18, 2026, questions the Cooperation Agreement between the National Executive and the Nairobi City County Government, the matter is hereby certified as urgent and shall be heard and determined on a priority basis,” Justice Mwamuyue directed. The legal challenge names several high-profile respondents, including the Attorney General, the Prime Cabinet Secretary, the Nairobi Governor, the Nairobi City County Government, the County Assembly, and the Senate. In their application, the petitioners, through their legal representative, argue that the contested agreement is already in effect, with implementation either underway or imminent. They contend that the arrangement establishes joint governance and implementation structures that could be activated at any time. This, they claim, risks the commitment or expenditure of public funds without the approval of the Nairobi County Assembly or oversight by the Senate. “Should implementation continue without judicial intervention, it may undermine the basis of the petition before this Honourable Court has ruled on the legality of the contested arrangement,” they argue in their court documents. According to the petitioners, unless conservatory orders are issued promptly to suspend implementation of the agreement, the substance of the petition could be rendered ineffective. They warn that continued implementation might alter the constitutional allocation of functions between the national and county governments before the court determines the legality of the arrangement. The matter, they contend, impacts the constitutional framework of devolutiona fundamental aspect of Kenya’s constitutional orderand is therefore of significant public importance requiring urgent judicial review. The application will be considered through written submissions during a virtual session scheduled for March 16, 2026. The State had contended that the agreement seeks to enhance service delivery in the capital city with the two government levels collaborating in accordance with sections 5 and 6 of the Urban Areas and Cities Act. The State House extended an invitation to the media to cover the event where the two government centers formalized the agreement to jointly manage development and service delivery projects.