Former Nairobi Governor Anne Kananu has come out to defend the cooperation agreement between President William Ruto and Nairobi Governor Johnson Sakaja, dismissing claims that the deal amounts to a transfer of county functions to the National Government.
In a statement issued on Friday, Kananu termed the criticism as stemming from a misunderstanding of constitutional provisions, stressing that a “cooperation agreement” is legally distinct from a “transfer of functions.”
Drawing from her experience during the formation of the Nairobi Metropolitan Services, Kananu recalled that four key county functions among them health services, transport, planning and development, and public works were formally transferred to the National Government under Article 187 of the Constitution.
She explained that the arrangement at the time involved a complete shift of operational control to the national level, with NMS directly managing the departments. Kananu pointed out that staff were seconded to the agency, revenue streams such as parking fees were collected by the Kenya Revenue Authority, and a substantial portion of the county budget was redirected to support the transferred roles.
“That is what a transfer of functions entails,” Kananu said, noting that although she remained constitutionally accountable as governor, the day-to-day execution of those mandates rested with the national administration.
In contrast, she argued that the newly signed framework is anchored in Articles 6(2) and 189 of the Constitution, which require consultation and cooperation between the two levels of government rather than a surrender of devolved powers.
According to Kananu, the agreement is designed to mobilise additional resources for Nairobi, injecting an estimated Ksh.80 billion into the city on top of the county’s annual allocation of about Ksh.40 billion.
She emphasised that Sakaja remains the county’s chief executive and chairs the implementation committee overseeing the projects, even as national government representatives participate.
Addressing accountability concerns, Kananu maintained that the arrangement does not create an oversight gap. She said national funds remain subject to scrutiny by the National Assembly of Kenya, while devolved matters continue to fall under the oversight of the Senate of Kenya.
“All funds move through structured government systems subject to audit, parliamentary scrutiny, and established accountability institutions,” she stated.
On the question of public participation, Kananu said the constitutional value must be interpreted alongside the obligation for intergovernmental collaboration, adding that the fact the matter is before the courts demonstrates that constitutional safeguards remain active.
She urged Kenyans to engage the issue based on legal clarity and facts rather than misinformation.
The former Governor concluded by underscoring Nairobi’s unique status as the country’s capital, arguing that structured national support for infrastructure, water and sewerage systems, roads, lighting, waste management, and security aligns with global practice for major cities and reflects Nairobi’s strategic economic and political importance.
“Nairobi is not an ordinary county; it is the capital city and the face of Kenya, and globally capital cities operate with structured national support because of their strategic economic and political significance. Additional funding to strengthen infrastructure, water and sewer systems, roads, lighting, waste management, and security is therefore not a constitutional violation but recognition of Nairobi’s national importance,” she said.
