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Nairobi: High Court prioritises petition challenging KSh 80b deal between Ruto and Sakaja

Wycliffe Musalia by Wycliffe Musalia
February 18, 2026
in News
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Nairobi, Kenya – The High Court has certified as urgent a petition challenging the controversial City Hall deal with the National Government.

Nairobi Governor Johnson Sakaja (l) and Prime CS Musalia Mudavadi (r) holding the cooperation agreements. Photo/Courtesy.

President William Ruto’s administration inked a deal with the Nairobi County Governor, Johnson Sakaja, aimed at improving service delivery in the City.

What the Ruto-Sakaja deal entails

The KSh 80 billion cooperation agreement sought to deal with critical issues such as solid waste management, infrastructure development and other core functions affecting the county.

President William Ruto said the government is committing KSh 3.7 billion to complete 10,000 unfinished lights and install 40,000 lights around the city and invest KSh 1.5 billion in transformers and last-mile connections in the informal settlements in the city.

“On water, we will spend KSh2.1 billion at Ng’ethu Treatment Plant to stop daily losses of about 50 million litres. Another KSh3 billion will go Gigiri-Shauri Moyo evacuation corridor to stabilise and extend supply to high-demand zones,” Ruto added.

We have unveiled a KSh80 billion cooperation agreement between the National Government and the Nairobi City County Government to make the capital city more livable, secure, and efficient for the 4.4 million residents.

In the agreement, we are committing KSh3.7 billion to… pic.twitter.com/FkkixGwp9x

— William Samoei Ruto, PhD (@WilliamsRuto) February 17, 2026

However, the cooperation has received opposition from Kenyans and political leaders, a day after its signing at the Statehouse, Nairobi, on Tuesday, February 17.

Two Kenyans, Christine Gathoni and Benard Peter, moved to court challenging the agreement and praying for conservatory orders.

The petitioners argued that the agreement lacked legal ground and undermined devolution.

Milimani Law Courts Justice Bahati Mwamuye granted the petitioners an urgent hearing to the case.

“… the Petitioners/Applicants’ Notice of Motion Application dated 18/02/2026 be and is hereby certified as urgent, and consequently it shall be heard and determined on priority,” Justice Mwamuye directed in a court paper obtained by News Nine on Wednesday, February 18.

Other directions from the court

The High Court judge further directed that the Petitioners shall serve the Respondents and the Interested Parties with the Application, Petition, and these Directions immediately and file an Affidavit of Service in that regard by close of business 20/02/2026.

The Petitioners/Applicants’ Notice of Motion Application dated 18/02/2026 shall be heard by way of highlighting of written submissions on 16/03/2026 at 10:30 AM virtually.

The Respondents and the Interested Parties shall enter appearance and file and serve their respective responses to both the Application and the Petition, and they shall do so by close of business 27/02/2026.

The Petitioners shall have leave to file and serve a rejoinder, if need be, and written submissions canvassing the Application only, and they shall do so by close of business 06/03/2026.

Written submissions in reply on the Application shall be filed and served by close of business 11/03/2026.

Rebuttal written submissions by the Petitioners/Applicants, if need be, to be filed and served by close of business 13/03/2026.

What Edwin Sifuna said about the Ruto-Sakaja deal

Earlier, Nairobi Senator Edwin Sifuna called on the national government and the county to halt the cooperation.

Sifuna termed the agreement as “a power grab through backdoor”, noting that his office was not informed.

“My office was neither involved nor consulted before this decision was taken. Indeed, the so-called Cooperation agreement itself acknowledges that no Public Participation was conducted before the signing yesterday, a violation of the Constitution too egregious to ignore. To then provide in the same agreement that it would be subjected to Public participation after the fact is not only disrespectful to the people of Nairobi, but the clearest indication that it is anything but what we are being told it is,” said Sifuna.

All development has to be conducted in the context of the Constitution. Yes we want markets, but you must do it right. My full statement on the so called “cooperation agreement”. pic.twitter.com/O936f4w8uT

— Edwin Sifuna (@edwinsifuna) February 18, 2026

He pointed out grey areas in the agreement, including the period in which it is supposed to take effect, within 14 days.

Tags: High CourtJonson SakajaNairobi CountyWilliam Ruto
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Wycliffe Musalia

Wycliffe Musalia

Wycliffe Musalia is the founder and CEO of News 9 Kenya based in Nairobi.He has a Bachelor’s of Arts Degree in Linguistics, Media, and Communication from Moi University. Musalia writes and reports about politics, sports, technology, business, and world news.

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