Court Issues Directions on Case Challenging Ruto–Sakaja Deal

The High Court has heightened a court challenge against the recently signed cooperation agreement between the national government and the Nairobi County, with the court certifying the case as urgent and fixing it for expedited hearing.

In directions issued on Wednesday 18, Justice Bahati Mwamuye directed that the petition challenging the agreement be heard on March 16, with the contentious agreement now set to face its first court test just days after signing.

The cooperation agreement was signed on Tuesday at State House by President William Ruto and Nairobi Governor Johnson Sakaja.

The case was lodged on February 18 by two Kenyan citizens who argue that the cooperation framework violates constitutional principles, particularly those safeguarding devolution.

Court Sets Tight Deadlines

The Milimani Law Courts, ordered the petitioners to serve all respondents and list interested parties by the end of business on February 20.

The interested parties listed include the Council of Governors and the Office of the Auditor General, which is an indication of the wider governance and accountability issues at play.

The respondents have until February 27 to file their notices of appearance and responses.

Further written submissions and rejoinders are expected by March 13, just days before the main hearing.

Apart from seeking conservatory orders to stay the implementation of the agreement, the petitioners have asked for the empaneling of a bench in terms of Article 165(4) of the Constitution on the grounds that the matter raises significant constitutional issues.

Also Read:Full Details of Ruto–Sakaja Deal: What the Nairobi County Agreement Means

Central Point of Contention: Devolution

The core issue is whether the agreement allows the national government to assume or influence county duties beyond what the constitution allows.

The petitioners contend that the framework effectively opens the door for direct national intervention in devolved responsibilities without adequate constitutional safeguards.

When the agreement was unveiled, President Ruto said it is a well-structured partnership meant to accelerate the pace of service delivery in the capital.

The framework outlines cooperation in infrastructure development, public health systems, revenue administration, and broader urban management.

Governor Sakaja has dismissed claims that the county is relinquishing its mandate.

He maintained that the arrangement is not a takeover but rather a coordinated effort to enhance efficiency in key sectors.

According to county leadership, the areas targeted include water and sewerage services, construction and rehabilitation of roads and bridges, drainage systems, housing and related infrastructure, solid waste management, and regeneration of the Nairobi River.

Also Read: Sakaja Faces Pressure to Reveal Details of Nairobi County Partnership With Ruto

National Implications

Despite this, the petitioners contend that should this agreement be allowed to go on as it is, it could set a precedent that might eventually lead to a dilution of the powers of county governments.

They contend that this might be replicated in other places, thus gradually undermining the spirit of devolution enshrined in the 2010 Constitution.

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President William Ruto is set to sign a joint-partnership deal with Nairobi Governor Johnson Sakaja to improve service provision in the capital city, Nairobi. PHOTO/PCS.