NAIROBI, Kenya, Feb 18 – Nairobi Senator Edwin Sifuna has demanded the immediate revocation of the controversial cooperation agreement between the national government and Nairobi County, warning that he will pursue legal action if the deal is not withdrawn.
Addressing the press, the Nairobi senator described the agreement signed under President William Ruto’s administration as unconstitutional, procedurally flawed and an assault on devolution.
He accused the national government of attempting to reintroduce, through what he termed the back door, a model similar to the defunct Nairobi Metropolitan Services (NMS).
“I am demanding that this agreement be revoked in its entirety,” Sifuna said. “Failing which, I will challenge its legality Infact the matter will be brought to the Senate.”
Sifuna has objected the proposed 12-member steering committee that will oversee implementation. He noted that two-thirds of its members are appointees of the national government.
“From its very structure, this arrangement subordinates the county government to the national executive,” he said.
The Nairobi Governor insisted that the move would effectively reduce Governor Johnson Sakaja to a peripheral role.
“This is not cooperation. It is a takeover.”
The senator likened the agreement to the defunct Nairobi Metropolitan Services (NMS), which previously assumed several county functions.
He recalled that NMS left behind billions of shillings in pending bills and argued that the Senate had already directed that those liabilities be borne by State House, since the accounting officer was the Comptroller of State House.
“Thousands of contractors and workers remain unpaid. Their livelihoods are in peril,” he said.
Sifuna questioned both the timing and substance of the pact, arguing that it raises fundamental constitutional concerns.
“For 14 years, he has been at the helm of political leadership in this country first as Deputy President from 2013 and now as President,” Sifuna said.
“One wonders why he has suddenly become aware of the Urban Areas and Cities Act less than 18 months before the 2027 election.”he added.
Process under scrutiny
The senator disclosed that his office was neither involved nor consulted prior to the signing of the agreement. More significantly, he pointed to what he described as an explicit admission within the agreement itself —that no public participation had been conducted before it was signed.
“To subject the agreement to public participation after the fact is not only disrespectful to the people of Nairobi, but the clearest indication that it is anything but what we are being told it is,” he said.
Sifuna further raised concern over the 14-day window before the agreement takes effect, questioning whether meaningful civic engagement can realistically occur within such a constrained timeframe.
He also criticised a clause he said appears to anticipate the outcome of the public participation process by limiting feedback to amendments, rather than allowing residents the option to reject the agreement entirely.
Sifuna claimed that national government institutions owe Nairobi County more than Sh100 billion in unpaid rent and other obligations. He dismissed references to Sh80 billion in national support as misleading.
“If the national government simply cleared what it already owes Nairobi, we would have the resources to settle our own pending bills and fund development projects — roads, markets, drainage, waste management,” he said.
According to the senator, Nairobi holds the highest volume of pending bills among counties, exceeding Sh100 billion.
Constitutional boundaries
Beyond fiscal concerns, Sifuna accused the national government of retaining functions constitutionally assigned to counties.
Citing the Fourth Schedule of the Constitution, he noted that roads fall into two categories national trunk roads and county roads and argued that agencies such as the Kenya Urban Roads Authority and the Kenya Rural Roads Authority should relinquish control of county roads in Nairobi and transfer corresponding budgets to the county government.
He maintained that the Constitution and existing legal instruments already provide mechanisms for supporting counties with unique needs through additional allocations and conditional grants.
“Nairobi is the seat of power and diplomacy. Its electricity bill for street lighting alone cannot be compared to that of other counties,” he said. “But there are lawful ways to recognise that uniqueness without circumventing the Constitution.”
Call for transparency
Sifuna also warned that hybrid arrangements such as NMS and the proposed cooperation framework risk complicating oversight by the County Assembly, the Senate and the Auditor-General.
“When the Auditor-General goes to audit, who will she hold accountable? The county government or the national entity? Such structures obfuscate accountability,” he argued.
He urged President Ruto and Governor Sakaja to make the full agreement public and reconsider its implementation.
“It is possible to deliver development within the confines of the law,” Sifuna said. “We want progress but only in strict fidelity to the Constitution. That is the foundation of leadership.”
