Nairobi — The High Court has certified as urgent a petition challenging the cooperation agreement between the Nairobi County government and the national government.

The agreement triggered by Governor Johnson Sakaja was inked on Tuesday at State House, Nairobi and witnessed by President William Ruto.

Two petitioners, Christine Gathoni and Benard Peter, however moved to court questioning the legality of the cooperation agreement.

The petition also asks the court to take the rare step of empanelling a bench under Article 165(4) of the Constitution, a move usually reserved for matters of major constitutional importance.

In his ruling, Justice Bahati Mwamuye said the application raises serious issues that must be heard on priority.

"The petitioners to immediately serve all respondents and interested parties, including the Council of Governors and the Office of the Auditor General, with all court papers. Proof of service must be filed by February 20, 2026," Justice Mwamuye ruled.

Those named in the case have until February 27, 2026 to respond.

The petitioners will then be allowed to file their written arguments by March 6, 2026, with replies due on March 11 and any final rebuttals by March 13.

The main application will be heard on March 16, 2026 at 10:30 a.m., through a virtual court session.