NAIROBI, Kenya Feb 10 – Months after Nairobi Governor Johnson Sakaja survived a high-profile impeachment attempt, a political truce appears to have been reached with President William Ruto over the management of the capital city’s key services.
The two leaders have agreed on a shared responsibility framework that will see the national government take charge of critical departments, including garbage collection and disposal, public works, and water supply, while the county government retains oversight of other administrative functions.
The arrangement was reportedly negotiated at State House, Nairobi, Tuesday as part of efforts to restore service delivery and stability in the city.
Governor Sakaja has moved to calm speculation over the possible revival of the Nairobi Metropolitan Services (NMS), insisting that the county government will retain full responsibility for the management of the capital city.
“It is a normal partnership and special focus on Nairobi under Section 6 of the Urban Areas and Cities Act on the Capital City, which is a County. No transfer of functions or NMS-like arrangement. Nothing has been transferred. A transfer needs an agreement pursuant to Article 189 of the Constitution,” Sakaja told Capital FM when reached for comment.
The Urban Areas and Cities Act, No. 13 of 2011, provides the legal framework for how functions and services can be shared between the national and county governments without the re-establishment of the NMS.
Section 6 of the Act outlines the procedures for co-management, including performance agreements, administrative structures, funding arrangements, joint projects, and dispute resolution mechanisms.
It also stipulates that the capital city is to be governed like any other county, with the Governor empowered to delegate authority to a city board under Section 21.
The Act also recognizes the national government’s interest in infrastructure critical to the seat of government and diplomatic missions (Section 6(3)), which has in the past justified greater national involvement in city management
The political agreement appeared to be in the works for a period of time, as the announcement comes just two days after Ruto and Sakaja publicly declared their commitment to jointly reviving Nairobi’s infrastructure and public services during a church service at AIC Pipeline.
Speaking at a rally later the same day, President Ruto emphasized that his administration would play a direct role in the city’s development.
“I will come here and ensure work is done on cleaning the city, affordable housing, and building roads… should we leave it to others, or shall we act?” Ruto said.
Under the new arrangement, the national government will oversee essential services, including waste management, road construction and maintenance, affordable housing projects, and water collection and distribution.
Under Article 187 of the Constitution, a function or power held by one level of government may be transferred to the other level by mutual agreement, provided the function would be more effectively performed by the receiving government and is not prohibited by the law under which it is exercised.
The Constitution further requires that, in any such transfer, arrangements must be made to ensure that the necessary resources accompany the function, while ultimate constitutional responsibility for the function remains with the government designated under the Fourth Schedule.
During President Uhuru Kenyatta’s tenure, former Nairobi Governor Mike Sonko controversially transferred key county functions to the national government through the establishment of the Nairobi Metropolitan Services (NMS).
In March 2020, Sonko and then-Devolution Cabinet Secretary Eugene Wamalwa signed a Deed of Transfer at State House, Nairobi, with the concurrence of President Kenyatta, moving critical services such as health, public works, transport, and water management under the control of NMS, which was placed directly under the Office of the President.
The move, justified as a measure to improve efficiency and service delivery in the capital, faced legal and political pushback. Parts of the transfer were later deemed unlawful by the High Court because the Nairobi County Assembly had not formally approved the arrangement.
By late 2022, when Governor Johnson Sakaja assumed office, the functions had reverted to the county government after the original deed of transfer expired.
The recent agreement between President William Ruto and Governor Sakaja on joint management of key services such as garbage collection, roads, and water supply has raised comparisons to the NMS model.
