The ink has barely dried on the cooperation agreement between President William Ruto and Governor Johnson Sakaja, yet a high-stakes court battle already threatens to tear it apart.

A coalition of civil society groups and legal activists has filed an urgent petition at the Milimani Law Courts, seeking to declare the deal unconstitutional. They argue that the agreement, which transfers key county functions back to the national government, is an assault on devolution and a betrayal of the Nairobi electorate who voted for autonomy, not a proxy administration.

Deja Vu: The NMS Shadow

The petitioners claim the deal is a "Trojan Horse" designed to resurrect the defunct Nairobi Metropolitan Services (NMS). The memory of the NMS era, characterized by militarized management and opaque procurement, still looms large over the city. Under the new agreement, the national government would take over critical roles such as planning, transport, and health, ostensibly to improve service delivery. However, critics see it as a power grab by the Executive.

"This is a constitutional coup," said the lead counsel for the petitioners. "The Governor was elected to manage the city. He cannot abdicate his responsibilities to State House simply because the job is difficult. If he cannot govern, he should resign, but he cannot subcontract his mandate." The court filing cites Article 187 of the Constitution, arguing that the transfer of functions lacks the necessary public participation and approval from the County Assembly.

• The Assembly Sidelined: MCAs have expressed outrage, claiming they were kept in the dark about the details of the pact until the signing ceremony at State House.
• The Budget Control: The deal implies that billions of shillings in county revenue will now be managed by national government appointees, bypassing county oversight committees.
• The Political Context: Analysts suggest the deal is Ruto’s way of ensuring the capital is run efficiently ahead of the 2027 elections, fearing that a chaotic Nairobi could hurt his re-election bid.

Sakaja’s Delicate Dance

Governor Sakaja finds himself isolated. While he frames the deal as a "partnership for progress," his allies in the assembly are revolting, and his detractors are emboldened. The Governor has argued that the city’s unique status as the capital requires close collaboration with the President, but the optics of "surrendering" the city are damaging his political standing.

The court has certified the matter as urgent, with a hearing scheduled for early next week. If the judge issues conservatory orders halting the implementation, it will be a major embarrassment for both the President and the Governor. Conversely, if the deal proceeds, it sets a precedent that could see other struggling counties "taken over" by the national government, effectively rolling back the gains of devolution. For now, the fate of Nairobi’s governance lies not in City Hall, but in the corridors of justice.