Bunge La Mwananchi and two activists have filed an urgent petition seeking to block a planned agreement between Nairobi Governor Johnson Sakaja and the national government that would transfer key county functions to state control.
In the case filed before the Constitutional and Human Rights Division, the petitioners — Bunge La Mwananchi, Lawrence Oyugi, Komrade Bush, and Nicholas Kimanzi — argue that the proposed deal to transfer management, core functions, and county staff to the national government violates the Constitution and undermines devolution.
Governor Sakaja, the Nairobi City County Government, and the Attorney General have been named as respondents.
According to the petitioners, the planned transfer disregards Article 187 of the Constitution, which outlines the procedure for transferring functions between levels of government, including the requirement for a formal agreement and parliamentary approval.
They further contend that the process has excluded public participation and County Assembly approval, in breach of Articles 10 and 196 of the Constitution.
The petition also warns that the proposed mass transfer of county staff would contravene the County Governments Act and the Employment Act.
The activists are asking the court to declare the planned agreement unconstitutional and to issue permanent orders blocking its implementation. They have also sought alternative relief to quash the agreement if it has already been signed before the court’s determination.
