The High Court of Kenya has certified as urgent a petition challenging the cooperation pact between President William Ruto and Nairobi Governor Johnson Sakaja, setting the case for hearing on March 16.

Justice Bahati Mwamuye directed that the matter proceed on a priority basis, citing its public interest implications and potential impact on Nairobi residents. The petition, filed on February 18 by two Kenyans, questions the constitutionality of the agreement signed at State House.

The petitioners argue that the deal undermines devolution by allowing the national government to directly intervene in county functions without sufficient constitutional safeguards. They warn that the arrangement could weaken the autonomy guaranteed to counties under the Constitution.

The Milimani Court ordered the petitioners to serve all respondents and interested parties by close of business on February 20. Interested parties include the Council of Governors and the Office of the Auditor General. Respondents must file their responses by February 27, while submissions and rejoinders are scheduled for March 13.

The petitioners are seeking conservatory orders to suspend implementation of the pact and have requested empanelment under Article 165(4) of the Constitution.

President Ruto presented the agreement as a structured framework to enhance collaboration between the national and county governments in infrastructure, health, revenue collection, and urban management. Governor Sakaja dismissed claims that he had ceded county powers, stating that the deal aims to strengthen service delivery in areas such as water and sewerage, roads and drainage, housing, waste management, and Nairobi River regeneration.

However, the petitioners insist that without judicial scrutiny, the pact could set a precedent that erodes devolution nationwide.