Ndegwa & another v County Government of Nakuru & another (Petition E067 of 2025) [2026] KEHC 499 (KLR) (26 January 2026) (Ruling) Neutral citation: [2026] KEHC 499 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU PETITION E067 OF 2025 JM NANG'EA, J JANUARY 26, 2026 BETWEEN PAUL MUCHIRI NDEGWA ............................................................ 1ST PETITIONER KEPHA OMUYOMA ....................................................................... 2ND PETITIONER AND COUNTY GOVERNMENT OF NAKURU ................................. 1ST RESPONDENT NATIONAL YOUTH SERVICE ................................................... 2ND RESPONDENT RULING 1. This Petition is brought together with a Notice of Motion dated 4th December, 2025 for reliefs as hereunder; 1. That a conservatory order be issued staying, suspending, restraining and prohibiting the Respondents - whether jointly or severally, by themselves, their servants, agents and or persons acting under their authority - from implementing, operationalising, executing, acting upon or in any manner giving effect of the Memorandum of Understanding dated 7th November 2025 between the County Government of Nakuru and the National Youth Service pending the hearing and determination of the Petition. 2. That a conservatory order be issued restraining the 1st Respondent, its officers, agents, servants or any persons acting under its authority from approving, processing, releasing or making any payments arising from or connected to the Memorandum of Understanding dated 7th November 2025, pending the hearing and determination of the Petition. 3. That a declaration be issued, pending the hearing and determination of the Petition, that the impugned Memorandum of Understanding dated 7th November 2025 is unlawful, unconstitutional and in violation of Articles 10, 35, 47, 201 and 227 of the Constitution in https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/499/eng@2026-01-26 1
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contravention of the Public Procurement and Asset Disposal Act, 2015, the National Youth Service Act, and the County Governments Act. 4. That a further declaration be issued that the said Memorandum of Understanding is null and void ab initio for failure to comply with mandatory constitutional and statutory requirements. 5. That the costs of this application be provided for. 2. The Motion is supported by the Petitioners’ Affidavit purportedly sworn on 4th December 2025. The Application is unopposed, the Respondents having failed to file replies withstanding evidence of service of the Petition and Application upon them. 3. The Application is thus deemed as unopposed and is granted in terms of prayers 1 and 2. 4. Ruling accordingly. J. M. NANG’EA, JUDGE RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 26TH DAY OF JANUARY, 2026 In the presence of: Mr. Karanja Advocate for the Petitioners Respondents, Absent Court Assistant (Jeniffer) J. M. NANG’EA, JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/499/eng@2026-01-26 2
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