The High Court has barred the use of public funds for projects under the cooperation agreement between the national government and Nairobi County unless the required parliamentary or county assembly approval is obtained.
The order, issued on September 28, also allows additional funding to Nairobi County from the national government in accordance with Article 202(2) of the Constitution.
The directive followed a challenge by the Katiba Institute, which questioned whether the agreement could facilitate the transfer or exercise of county functions and the spending of public resources without following constitutional procedures.
Although the court declined to suspend the agreement, it imposed conditions governing how the deal can be implemented by the two levels of government.
