NAIROBI, Kenya, Feb 18 – Katiba Institute has demanded comprehensive disclosure from Nairobi City County over a signed partnership with the national government in the delivery of key devolved services, raising fresh questions about the protection of county functions under the Constitution.
In a formal request grounded in Article 35 of the Constitution and the Access to Information Act, the governance watchdog is seeking clarity on whether a collaboration exists between the two levels of government in the performance of functions assigned to the county.
The move follows Nairobi County and the national government having signed a deal to work together, formalising collaboration on key projects and coordination of county and national functions.
Speaking during the signing ceremony at State House on Tuesday, February 17, 2026, Nairobi Governor Johnson Sakaja said the agreement is 13 years overdue and will enable the capital city to leverage its unique position to access special attention, resources and support.
Katiba Institute is seeking confirmation on whether such a partnership has been formalised and, if so, when it commenced or is expected to commence. It is also demanding disclosure of the legal framework underpinning the arrangement.
The Institute wants details on the precise nature and scope of the collaboration, including which functions are covered and how responsibilities are divided between the county and the national government.
It has further called for copies of all agreements, including draft agreements, as well as any correspondence relating to the arrangement.
Central to its concerns is whether the reported collaboration amounts to a transfer of functions under Article 187 of the Constitution, which sets out strict conditions for the transfer of powers from one level of government to another.
The lobby group is demanding an explanation of how the current arrangement differs from such a constitutional transfer.
It has also sought clarification on the financing structure supporting the performance of the functions in question, including how funds are allocated or shared between the two levels of government.
Additionally, the Institute is asking for confirmation of the extent to which the Nairobi County Assembly has been involved in the matter and has requested copies of any communication exchanged with the Assembly.
The 17-article cooperation agreement signed between the national government and Nairobi City County includes a provision allowing the replacement of any section invalidated by the courts, ensuring the partnership remains enforceable in the event of legal hurdles.
Signed by Prime Cabinet Secretary Musalia Mudavadi on behalf of the national government and Governor Johnson Sakaja for Nairobi County, the agreement formalizes collaboration on roads, water, housing, sanitation, markets, and waste management to accelerate Nairobi’s transformation into a regional and global metropolis.
President William Ruto, who presided over the signing, emphasized that the framework does not transfer functions from the county government but strengthens structured collaboration as envisioned under the Constitution and the Urban Areas and Cities Act.
“Today’s cooperation agreement is designed to close the gap fully and within the confines of the law and the constitution,” Ruto said.
“Our constitution requires the two levels of government to cooperate, assist, and consult each other. The Intergovernmental Relations Act provides mechanisms for formal coordination agreements.”
Ruto clarified that Nairobi County retains its legal authority, while the national government provides additional support to enhance infrastructure and service delivery.
The agreement unlocks an estimated Sh80 billion financial package targeting critical urban infrastructure and service gaps, including street lighting, water and sanitation, roads and drainage, electricity access, and waste management.
The framework establishes a two-tier governance system.
