Bunge La Mwananchi, activists move to court to block Sakaja-National Government deal
They argue that the proposed deal violates constitutional provisions on devolution and undermines the autonomy of county governments.
Bunge La Mwananchi and two activists have filed an urgent petition at the High Court seeking to stop a planned agreement between Nairobi Governor Johnson Sakaja and the national government that would transfer key county functions to state control.
The petition, filed before the Constitutional and Human Rights Division, lists Bunge La Mwananchi, Lawrence Oyugi, Komrade Bush, and Nicholas Kimanzi as petitioners. They argue that the proposed deal violates constitutional provisions on devolution and undermines the autonomy of county governments.
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According to the activists, the arrangement to transfer the management, core functions, and staff of Nairobi City County to the national government contravenes Article 187 of the Constitution, which requires formal agreements and parliamentary approval before any transfer of functions between national and county governments.
They have named Governor Sakaja, the Nairobi City County Government, and the Attorney General as respondents.
In their court filings, the petitioners say the deal has been initiated without public participation and without the approval of the Nairobi County Assembly, violating Articles 10 and 196 of the Constitution.
They further argue that the planned mass transfer of county staff would breach the County Governments Act and the Employment Act.
Speaking after filing the case, activist Lawrence Oyugi said the move "is a direct assault on devolution and the people's right to self-governance." He added, "If unchecked, this will set a dangerous precedent where county powers can be quietly taken back by the national government."
The petitioners are asking the court to declare the proposed agreement unconstitutional and to issue permanent injunctions stopping its implementation.
They have also sought alternative orders to quash the deal if it has already been signed before the matter is heard and determined.
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