The High Court has declined to suspend the Cooperation Agreement between Nairobi City County and the National Government but has set conditions for its implementation.
In a statement on September 30, Katiba Institute said the court directed that county functions, public resources and revenue cannot be transferred or used under the agreement outside the procedures provided for in the Constitution.
The case was filed by Katiba Institute at the Milimani High Court to challenge the constitutionality of the Cooperation Agreement and question whether it can be used to transfer or exercise county functions and commit public resources without following constitutional safeguards.
“Katiba Institute filed a petition at Milimani High Court to challenge the constitutionality of the Cooperation Agreement between Nairobi City County and the National Government, questioning whether the Agreement can be used to transfer or exercise county functions and commit public resources outside the procedures and safeguards provided for in the Constitution,” stated Katiba Institute.
High Court Sets Conditions on County Functions
The High Court ruled that the National Government cannot transfer or exercise county functions, powers, assets, staff, and revenue unless it does so in line with Article 187 of the Constitution.
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Article 187 provides for the transfer of functions between the National Government and county governments through an agreement between the two levels of government.
The court also directed that no public funds should be committed, released or spent on projects under the Cooperation Agreement unless authorised by Parliament or the Nairobi County Assembly.
Katiba Institute said the court further allowed such funding where Nairobi County receives additional allocations from the National Government under Article 202(2) of the Constitution.
Sakaja and Mudavadi Ordered to Disclose Details
The High Court also directed Nairobi Governor Johnson Sakaja and Prime Cabinet Secretary Musalia Mudavadi to disclose information on the agreement currently being implemented.
According to Katiba Institute, the information should include the projects being undertaken under the agreement, their funding sources, and the minutes of the two committees established under the agreement.
“The Nairobi Governor and Prime Cabinet Secretary should disclose the Agreement currently being implemented, projects undertaken and their funding sources, as well as minutes of the two committees established under the Agreement,” said Katiba Institute.
Nairobi County Assembly was also directed to file its ad hoc committee report and records relating to public participation.
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The Assembly is further required to provide records showing its consideration and approval of the Cooperation Agreement.
Katiba Institute said the court found that the petition raises serious constitutional questions that require a full hearing and it has been scheduled for February 18, 2027.
The petition asks whether the Cooperation Agreement allows the National Government to perform county functions or spend public funds without following the constitutional procedures that govern relations between the two levels of government.
The court’s decision allows the Cooperation Agreement to remain in place while the case proceeds, subject to the conditions set out in the ruling.
How the Nairobi Cooperation Agreement Came About
The National Government and Nairobi City County Government signed the Cooperation Agreement at State House, Nairobi, on February 17, 2026.
Prime Cabinet Secretary Musalia Mudavadi signed the agreement on behalf of the National Government, while Governor Johnson Sakaja signed for Nairobi City County, with President William Ruto witnessing the ceremony.
The agreement provides a framework for cooperation between the two levels of government in promoting social and economic development in Nairobi.
The framework establishes two committees to coordinate implementation. The Steering Committee is chaired by the Prime Cabinet Secretary, with the Nairobi Governor as vice-chair, while the Implementation Committee is chaired by the governor.
At the signing ceremony, President Ruto said the agreement was not intended to transfer county functions to the National Government, and it was subsequently presented to the Nairobi County Assembly for consideration.
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