The High Court of Kenya has issued an order imposing strict spending limits on a cooperation agreement between President William Ruto's national government and Nairobi Governor Johnson Sakaja's administration. The order, issued on September 28, 2026, requires that no public funds be spent on the agreement without parliamentary or county assembly approval. This decision was made in response to a challenge by the Katiba Institute, which questioned the constitutionality of the agreement.
The court's ruling stated that public funds cannot be committed, released, or spent on projects under the cooperation agreement unless authorized by Parliament or the Nairobi County Assembly. The agreement covers joint work in various areas, including waste management, roads, street lighting, markets, housing-related infrastructure, water, and sanitation. The court's decision does not suspend the agreement outright but imposes conditions that must be observed as the two levels of government continue implementation.
The judgment also bars any transfer or exercise of county functions, powers, assets, staff, or revenue by the national government unless the requirements of Article 187 of the Constitution are met. This article outlines the procedures for transferring county functions and resources. The court's decision aims to ensure that the agreement is implemented in a constitutional manner.
Governor Sakaja and Prime Cabinet Secretary Musalia Mudavadi were ordered to disclose the agreement's details, including the projects underway, funding sources, and minutes of the committee established under the deal. Additionally, the Nairobi governor must file an ad-hoc report, records of public participation, and documents showing the considerations and approval process for the agreement. This level of transparency is expected to ensure accountability in the implementation of the agreement.
The cooperation agreement between the national government and Nairobi County aims to enhance service delivery in the county. The agreement's implementation has been contentious, with some questioning its constitutionality. The Katiba Institute's challenge argued that the agreement could bypass required procedures for transferring county functions and resources.
The court's decision has significant implications for the implementation of the agreement. The order requiring parliamentary approval for public funds ensures that the agreement is implemented in a transparent and accountable manner. The court's scheduling of a full hearing on the broader constitutional questions raised by the agreement for February 18, 2027, indicates that the agreement's constitutionality will be thoroughly examined.
The High Court's decision demonstrates its commitment to upholding the Constitution and ensuring accountability in the use of public funds. The court's order requiring strict spending limits on the cooperation agreement ensures that the national government and Nairobi County implement the agreement in a constitutional and transparent manner. The key points of the court's decision include:
Key points
- The High Court has imposed strict spending limits on the cooperation agreement, requiring parliamentary approval for public funds.
- The court's decision bars any transfer or exercise of county functions, powers, assets, staff, or revenue by the national government unless the requirements of Article 187 of the Constitution are met.
- The court has scheduled a full hearing on the broader constitutional questions raised by the agreement for February 18, 2027.
