The National Youth Service (NYS) has opposed a petition filed by Nakuru residents challenging its Sh2.1 billion road deal with the Nakuru County Government. The petition, filed by Simon Nasieku, Benson Macharia, Kepha Omuyoma, and Paul Muchiri, seeks to declare the deal unconstitutional due to lack of public participation. The NYS signed a Memorandum of Understanding (MoU) with the Nakuru County Government on November 7, 2025, to execute the road deal, which includes maintaining all feeder roads under the Imarisha Barabara programme.
The petitioners argue that the agreement bypassed legal procedures and could not be operationalized. They also accuse the county government of flouting the law and bypassing the County assembly's decision-making. The petitioners claim that the county had failed to conduct mandatory public participation, denying residents a chance to approve the process. Furthermore, they argue that the agreement requires the county to pay 50 per cent of the contract value before operations begin, despite its failure to settle pending bills owed to existing contractors.
In a Preliminary Objection (PO), NYS, through the office of the Attorney General (AG), wants the petition to be dismissed with costs. State Counsel Prisca Adomeyon submits that the High Court lacks jurisdiction to hear the petition because it was drafted prematurely. The AG argues that the Constitution provides that disputes arising out of intergovernmental arrangements must first be subjected to alternative dispute resolution before the court is involved.
The AG claims that the petition discloses no reasonable cause of action against NYS as the engagement with the county government constituted a lawful inter-governmental collaboration. The deal is explicitly exempted from standard commercial procurement procedures under the Public Procurement and Asset Disposal Act. The AG argues that the four petitioners lack legal authority to challenge the internal administrative processes and Council approvals of the NYS.
The petitioners had written to the Controller of Budget (CoB) to stop any request from Nakuru County Government emanating from the MOU signed. They argued that the MoU did not follow the due procedure and would disrupt planned development activities as captured in the Annual Development Plan 2025. The cases will be consolidated and heard on December 14.
The NYS Act states that internal corporate governance compliance is strictly between the statutory body and its appointing authority, and cannot form the basis of a constitutional petition by third-party private actors. The AG deposes that the petition fails to satisfy the established legal threshold for constitutional petitions as it relies on general, vague, and unsubstantiated allegations without sufficient clarity of how NYS breached specific constitutional provisions.
The court had temporarily suspended the MOU until the case concludes. The petitioners want the court to stop the county government from approving or making any payments to NYS. The court's decision on the consolidated cases is expected to have significant implications for the Sh2.1 billion road deal and the role of NYS in infrastructure development in Nakuru County.
Key points
- NYS opposes petition challenging Sh2.1 billion road deal with Nakuru County Government
- Petitioners argue that the deal bypassed legal procedures and lacked public participation
- Court to hear consolidated cases on December 14
