A voter is seeking to stop implementation of the decision by embattled Governor Mike Sonko to transfer some county functions to the national government.
Robbin Karani says that Sonko under the law is not authorized to transfer the functions of Nairobi County.
Sonko handed the functions of health, transport, public works, utilities planning and development to the national government on February 25.
Karani says that decision has denied Nairobians opportunity to state their case on the issue.
He wants the court to intervene and stop enforcement of that decision pending the hearing of his case.
Sonko is facing fraud charges in court and has an impeachment motion pending against him.
Ob Tuesday, Sonko handed over the functions of the County to the National Government, pursuant to Article 187 of the Constitution in a ceremony attended by President Uhuru Kenyatta at State House, Nairobi.
Also present were Senate Speaker Kenneth Lusaka and Devolution CS Eugene Wamalwa among other senior government officials.
According to the Constitution, 1) A function or power of government at one level may be transferred to a government at the other level by agreement between the governments if:
(a) the function or power would be more effectively performed or exercised by the receiving government, and (b) the transfer of the function or power is not prohibited by the legislation under which it is to be performed or exercised.
