Nairobi Senator Edwin Sifuna has strongly opposed the newly signed “cooperation agreement” between President William Ruto and Johnson Sakaja, terming it unconstitutional, opaque, and a veiled takeover of Nairobi City County functions by the National Government.
Addressing the media on Wednesday, February 18, Senator Sifuna said the agreement violates the constitution as no public participation was undertaken before it was signed.
He argued that subjecting the agreement to public participation after it has already been signed is a disrespect to the Nairobi residents.
“I wish to state that my office was neither involved nor consulted before this decision was taken. Indeed, the so-called Cooperation agreement itself acknowledges that no Public Participation was conducted prior to the signing yesterday, a violation of the Constitution too egregious to ignore,” Sifuna stated.
Sifuna urged both the President and Governor Sakaja to suspend the agreement in the public interest and uphold constitutional safeguards.
Sifuna said the cooperation agreement between Nairobi County and the national government will complicate oversight and accountability processes by the assembly, Senate and the Office of the Auditor General.
“We want development, but only if undertaken in strict accordance with the constitution. This in fact is the very foundation of leadership. I urge both parties to shelve this agreement in the Public interest and maintain fidelity to the Constitution,” Sifuna concluded.
The Nairobi Senator also pointed out that the steering committee established to oversee the implementation of the agreement is dominated by people from the national government.
Sifuna claimed that Governor Sakaja will be subservient to Prime Cabinet Secretary Musalia Mudavadi, who is heading the committee.
“Of the 12 members of the committee, a whopping two-thirds are appointees of the national government.
“From its structure, the Governor will play subservient to the Prime Cabinet Secretary, making Sakaja the new Deputy Governor for all intents and purposes. This to me is not cooperation but takeover,” he argued.
The agreement is expected to take effect within two weeks, even as debate intensifies over its legality and implications for devolution in the capital.
Sifuna cited Articles 96 and 186 of the Constitution, alongside the County Governments Act and the Intergovernmental Relations Act, saying they clearly define the separation of powers between the two levels of government.
“Devolution was meant to work and thrive for the people, not to allow the national government to step in under the guise of rescue missions,” Sifuna said.
Sifuna questioned Ruto’s reliance on the Urban Areas and Cities Act to justify the agreement, noting that the President has been in top leadership for over a decade — first as Deputy President from 2013 and now as Head of State.
“He now says the agreement is 14 years late. Why the sudden urgency less than 18 months to the 2027 elections?” Sifuna posed.
The Senator criticized the absence of prior public participation, calling it “egregious” and unconstitutional. He argued that subjecting the agreement to public participation after signing it undermines democratic principles.
He also questioned the proposed 14-day window for public input, saying it is too short to facilitate meaningful engagement. Further, he claimed Clause 6.2 of the agreement limits public participation to “amendments,” effectively denying Nairobi residents the option to reject the agreement altogether.
Sifuna expressed concern over the composition of the steering committee tasked with overseeing implementation of the agreement. According to him, two-thirds of the 12-member committee are national government appointees.
“This is not cooperation but takeover,” he said, alleging that the structure makes Governor Sakaja subservient to the Prime Cabinet Secretary.
The Senator likened the agreement to the defunct Nairobi Metropolitan Services (NMS), which previously took over key county functions.
Sifuna recalled that NMS left behind KSh16 billion in pending bills and accused the national government of failing to clear debts owed to contractors.
He further claimed that national government institutions owe Nairobi over KSh100 billion in unpaid land rates and other dues, dismissing President Ruto’s pledge of KSh80 billion support as misleading.
The Senator criticized continued operations by Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA) within Nairobi, arguing that roads fall squarely under county functions as outlined in the Fourth Schedule of the Constitution.
He referenced a 2025 Memorandum of Understanding between President Ruto and Raila Odinga, which proposed unbundling certain functions and dissolving the two agencies.
Instead of the cooperation agreement, Sifuna proposed immediate settlement of over Sh100 billion owed by national government agencies to Nairobi, full transfer of county functions and dissolution of KURA and KeRRA and use of conditional grants and the Commission on Revenue Allocation framework to channel additional funds to Nairobi.
He also wants a strict adherence to the Senate-approved revenue disbursement schedule, requiring monthly transfers by the 15th.
